The prayer in this Writ Petition is for issuance of a Writ of Mandamus, to direct first respondent and second respondent to consider the petitioner's representation, dated 25.04.2017, and to direct the fourth respondent to admit the petitioner in II Year, M.B.A. Course in the fourth respondent/College.
2. The petitioner got admitted in the third respondent/College, in MBA Course during the academic year 2015-17 on 26.08.2015. Since the third respondent/College is located about 40 kilometres away from her residence, and due to long distance travel of about 80 kms (to and fro) per day, her health got deteriorated, the petitioner approached the fourth respondent/College, for accommodating her in MBA Course II year, for which, the fourth respondent/College has no objection. Therefore, the petitioner, who is in need of a transfer certificate, approached the third respondent, for issuance of a transfer certificate and also obtained the same in her favour. Thereafter, the petitioner made a representation to the first respondent, dated 25.04.2017 seeking permission to transfer her from the third respondent/College to fourth respondent/College. Since the said representation has not been considered, and no orders has been passed, the petitioner is before this Court.
3. Heard Mr. M. Gnanasekar, the learned counsel appearing for the petitioner, Mr. M. Vijayakumar, the learned Government Advocate for the first respondent and Mr. T.M. Pappiah, the learned Special Government Pleader for the second respondent. Though notice has been ordered to the third and fourth respondent Colleges; they have been served and their names are appearing in the cause list, no one entered appearance on their behalf.
4. Perusal of the records would reveal that the petitioner joined the third respondent/College, and she sought for transfer and the third respondent/College also issued a transfer certificate, stating that, the petitioner has discontinued the course. However, the petitioner is stated to have approached the third respondent/College and got corrected the reason for leaving the College instead as transfer on 07.04.2017. The fourth respondent/College also, by communication, dated 17.08.2016, addressed to the third respondent/College, stated that they have got vacancy to admit the petitioner in their College, and wanted the third respondent to initiate formalities to transfer the petitioner from the third respondent/College to the fourth respondent/College. Both the Colleges have no objections for transfer of the petitioner. Based on the representation of the petitioner, the first and the second respondents, especially, the second respondent, should have given permission to the third respondent/College to allow the petitioner to join the fourth respondent/College on transfer from the third respondent/College. There is no prohibition under law, regarding transfer, and therefore, the second respondent is directed to pass appropriate orders on the petitioner's representation, dated 25.04.2017, permitting the petitioner to join the fourth respondent/College on transfer from the third respondent/College, within a period of one week from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of No costs. Consequently, connected Writ Miscellaneous Petition is closed.
10.11.2017 sd Index : yes/no Note to Office : Issue order copy on 13.11.2017 To
1. The Registrar, Anna University, Guindy, Chennai - 600 032.
2. The Director of Technical Education, Sardar Patel Road, Guindy, Chennai.
3. The Principal, Appollo Engineering College, Affiliated to Anna University, Chennai, Mevaloorkuppam, Valarpuram, Sriperumbudur, Chennai - 602 105.
4. The Principal, Gojan School of Business and Technology, Approved by AICTE, New Delhi, Affiliated to Anna University, Chennai, 80 Feet Road, Edapalayam, Redhills, Chennai - 600 052.
N.Kirubakaran, J.
sd Writ Petition No.11668 of 2017 10.11.2017