HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No. 24599 OF 2014 DATED 1ST SEPTEMBER, 2014.
BETWEEN Barenkabavi Karthik Reddy ….Petitioners and Jawaharlal Nehru Technological University, Rep. By its Registrar, Hyderabad and ors ……Respondents.
HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No. 24599 OF 2014
ORDER:
This Writ Petition is filed challenging the action of the first respondent in not transferring the petitioner from third respondent-college to fourth respondent-college.
The case of the petitioner is that he got admission in third respondent-Engineering College in the branch of Civil Engineering (Regular) for the academic year 2011-2012 and that he has some back logs for the IV semester and in view of the same, the third respondent-College has detained him and not promoted to III year due to lack of credits. It is his further case that as his parents changed their residence from Attapur to Chevella Mandal, Ranga Reddy District, he has opted for transfer from third respondent-College to fourth respondent- College. It is stated that even the third respondent-College has no objection for issuing permission to transfer the petitioner to fourth respondent-College. In the meanwhile, the first respondent has issued impugned letter dated13.06.2014 stating that the JNT University, Hyderabad is not permitting transfers from one college/University to another affiliated college including autonomous colleges with backlog subjects unless the students have passed in all the subjects of the earlier class. It is the grievance of the petitioner that in view of the aforesaid letter, he is unable to have himself transferred from third respondent-College to fourth respondent-College.
The learned Counsel for the petitioner submits that since both the third and fourth respondent-Engineering Colleges are affiliated to first respondent-University, the transfer of the petitioner from third respondent-College to fourth respondent- College is within the purview of one and the same University, i.e. first respondent and therefore there is no hurdle for the transfer of the petitioner as sought for by him.
On the other hand, the learned Standing Counsel for the first respondent-University submits that as per the resolution arrived at by the Committee constituted by the Vice-Chancellor of JNTU, transfer of students from one college/University to another affiliated college should be considered subject to clearing of all the subjects of the earlier class as per the regulations in which he/she first joined.
It is to be seen that the impugned letter dated 13.05.2014 does not refer to any rule or regulation while imposing such condition regarding prohibition of transfer of students from one college/University to another affiliated college including affiliated autonomous colleges. The Committee so constituted has not referred to applicable laws or Rules or Regulations while arriving at decision prohibiting transfer of students from one college/University to another affiliated college unless the students cleared all the subjects of the earlier class. No Rule or Regulation is produced before me prohibiting transfer of the petitioner from third respondent-College to fourth respondent- College. The petitioner is seeking transfer from third respondent-College to fourth respondent-College on the ground that his parents changed their residence from Attapur to Chevalla mandal of Ranga Reddy District. Even the third respondent-College has also no objection for issuing permission for his transfer to fourth respondent-College. So also, both the third and fourth respondent-colleges come under the purview of first respondent-University.
In view of the above, the first respondent-University may permit transfer of the petitioner from third respondent-college to fourth respondent-college without reference to letter dated 13.06.2014.
The Writ Petition is disposed of accordingly. As a sequel thereto, miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAJASHEKER REDDY Dated 1st September, 2014. Msnro