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Compelling Students,Who Do Not Want To Continue In A Particular College, Will Only Affect Their Future & Career : Kerala HC [Read Judgment]

Shayesta Nazir
2 Jun 2019 11:35 AM GMT
Compelling Students,Who Do Not Want To Continue In A Particular College, Will Only Affect Their Future & Career : Kerala HC [Read Judgment]
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Kerala High Court held in Jisin Jijo &Ors v. State of Kerala that compelling the students, who do not want to continue in a college, will only affect the future and career of the students. An atmosphere without room for apprehensions and conducive to carry on the studies peacefully, is essential and hence it requires paramount consideration, it said. Bench of Justice P.V.Asha...

Kerala High Court held in Jisin Jijo &Ors v. State of Kerala that compelling the students, who do not want to continue in a college, will only affect the future and career of the students.

An atmosphere without room for apprehensions and conducive to carry on the studies peacefully, is essential and hence it requires paramount consideration, it said.

Bench of Justice P.V.Asha was hearing petition from engineering students, who were aggrieved by the refusal on the part of the Principal to recommend their application for inter-college transfer to other Self Financing Colleges. The petitioners had submitted that the college miserably failed to provide the amenities; most of the teaching staff resigned from the college on account of the nonpayment of salary and teaching and non-teaching staff were on continuous strike for 3 months and that the teaching faculties were not qualified for teaching Engineering students.

They also submitted that the Lab was not properly functioning for want of Lab Attendants and several of modules were yet to be completed. There was no Principal, Public Relations Officer or Administrative Officer in the college and there was no warden for both men's hostel and women's hostel and no security staff, no proper supply of electricity or food to the hoteliers and transportation facilities were interrupted.

Students told court that in these circumstances, they found it difficult to continue the course in the college as it would affect their future adversely.

Counsel for petitioners argued before the court that when the petitioners do not want to continue in the College and the University permits inter-college transfer, denial of No Objection Certificate/recommendation on their applications would be derogatory to their fundamental right to education under Article 21 of the Constitution of India.

Court rejected the argument of the respondent college that the mass transfer of students would affect the running of the respondent-College and directed the Principal of the College to recommend the applications of the petitioners for inter-college transfer within three days of this judgment so as to enable the students to process the same in accordance with the same.

It also directed Cochin Institute of Science & Technology and admission supervisory committee to see that the petitioners are relieved in time, releasing their necessary documents and directed them to take all necessary steps so as to enable them to join the new College in time, on their selection in the new College.

Court made it clear that in the event of any delay on the part of the Cochin Institute, the opted Colleges would be free to act upon and process the applications submitted by the petitioners as if the applications are recommended. The delay in submission of applications in the opted Colleges shall not stand in the way of positive consideration and processing of the applications and admission in the opted Colleges, it said.

Petitioners were represented by advocate D. Kishore and A.C. Devasia and respondents by Senior Advocate P Raveendran, advocates Elvin Peter and Anoop V. Nair.

Click here to download the Judgment


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