NENA BASHEER Vs. MAHATMA GANDHI UNIVERSITY AND THE PRINCIPAL, INDIRA GANDHI INSTITUTE OF DENTAL SCIENCES

JUDGEMENT

(1.) THE petitioner was a candidate who had appeared in the entrance examination in the year 2007 and got admission for BDS and allotted to PSM College of Dental Science and Research at Akkikavu in Thrissur District. The petitioner joined the said college and it is contended that due to circumstances beyond her control, she could not continue her studies and discontinued the same. Subsequently in 2012, she appeared to have filed a Writ Petition before this court with (i) Calicut University, (ii) Principal, PSM College of Dental Science and Research, (iii) Principal, Government Dental College, Kozhikode, and (iv) Dental Council of India in the party array; seeking a direction to the second respondent college to issue a Transfer Certificate. The Standing Counsel for Dental Council submitted that the application for Transfer Certificate cannot be permitted without passing the first year examination. On the submission of second respondent that she will be permitted to attend the class and appear in the first year examination, she was directed to do so and seek transfer to the 3rd respondent college after passing the first year examination. Again she approached this court seeking a direction to the Principal PSM College of Dental Science and Research to grant her a Transfer certificate. That was directed as per order produced as Ext. P2. In consequence of Ext. P2, Ext. P3 was also issued. Now taking a complete volte -face the petitioner has filed the above petition contending that she could not, for undefined reasons get a transfer to Government Dental College, Kozhikode and she looked around and found second respondent herein, who was willing to take her in. The petitioner who had been admitted to the college under Calicut University; wherefrom studies were discontinued and subsequently permitted to continue her studies under the Calicut University itself; is before this court claiming a direction to the Mahatma Gandhi University under whom the present College, which has expressed the willingness, is affiliated. For one neither of the earlier proceedings declared her eligibility for a transfer, nor was Mahatma Gandhi University a party in any of the proceedings. The petitioner in the writ petition contends that the second respondent college though willing to admit the petitioner is insisting for a No Objection Certificate from the University to which it is affiliated.

(2.) THE contention is in so far as claiming that University on being approached refused to grant a No Objection Certificate unless there is an order from this court. The so called direction to get an order from this court is a mere assertion and not borne out from any documents. However, the petitioner does not claim the right to transfer on the basis of any statute or regulation which has the force of law. The petitioner qualified in the entrance examination in the year 2007 and discontinued her studies. After five years she sought continuance, which was granted. Then after being unsuccessful in procuring a transfer to a college under the same university; she now seeks to study under another university. Self assumed wrongs and imagined injustice cannot lead to invocation of Article 226 of Constitution of India which is a purely discretionary relief to secure to the citizen his/her rights conferred by Part -III or other purpose. Article 226 cannot be invoked to confer rights, where there is total lack of an enforceable legal right. This court is not convinced that the present case is an appropriate one where discretionary relief can be granted to the petitioner. The Writ Petition is dismissed, however without costs.