KOTTAYAM INSTITUTE OF TECHNOLOGY & SCIENCE Vs. THE ADMISSION SUPERVISORY COMMITTEE FOR PROFESSIONAL COLLEGES IN KERALA

JUDGEMENT

(1.) The petitioner is a private self-financing Engineering College affiliated to APJ Abdul Kalam Technological University, the 3rd respondent herein. The petitioner has approached this Court in this Writ Petition seeking a writ of certiorari to quash Ext.P5 order dated 16.8.2016 of the Admission Supervisory Committee for Professional Colleges, the 1st respondent herein, and seeking a declaration that the said Committee does not have any jurisdiction or authority to interfere in the matter of inter-college transfer of students in private self-financing Engineering Colleges in the State.

(2.) The pleadings and materials on record would show that, the 2nd respondent got admission for B.Tech. (Mechanical) in the petitioner college, during the academic year 2015-16, under State Merit. The 2nd respondent sought for an inter-college transfer to Sree Narayana Institute of Technology, Adoor, during the academic year 2016-17. The said request was turned down by the Principal of the petitioner college. Feeling aggrieved, the 2nd respondent approached the 1st respondent Committee by way of Ext.P2 complaint dated 25.7.2016. In the said complaint the 2nd respondent has also raised a claim for fee concession.

(3.) On receipt of notice in Ext.P2 complaint, the petitioner college entered appearance before the 1st respondent Committee and filed Ext.P3 statement dated 16.8.2016 contending that in Ext.P1 norms for inter-college transfer issued by the 3rd respondent University there is no provision which permits transfer of B.Tech. students between private self-financing colleges. As such, there is no illegality in not recommending the request for inter-college transfer made by the 2nd respondent. Regarding the claim for fee concession, the petitioner college pointed out that, in all the certificates issued to the 2nd respondent his caste status is shown as 'Nair' and he could not produce any documents in support of his claim for fee concession based on the caste status of his mother.