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2012 DIGILAW 2137 (MAD)

V. Preetha Shree v. Government of Tamil Nadu

2012-04-27

K.CHANDRU

body2012
Judgment :- 1. The 13 petitioners are the students of the Nursing College run by the fourth respondent educational trust. The College is conducting B.Sc., Nursing Degree Course with an annual intake of 50 students, started from the academic year 2011-2012. In the present writ petition, the petitioners seek for a direction to the respondents 1 to 3 to transfer the petitioners from the fourth respondent College to any other suitable College at Dharmapuri/Krishnagiri affiliated to the second respondent, the Tamil Nadu Dr.M.G.R.Medical University, in the Academic Year 2012-2013 in the 1st year B.Sc., Nursing Course without any further payments to the said course. 2. When the matter came up on 24.04.2012, this Court directed notice to be issued to the Standing Counsel for the second respondent University. Accordingly, Mrs.Narmadha Sampath, learned Standing Counsel for the second respondent took notice and an affidavit sworn to by the Registrar of the second respondent University dated 26.04.2012 is also filed. On notice from this Court, Mr.E.Manoharan appeared for the fourth respondent and for the first respondent, Mr.M.Dig Vizaya Pandian, learned Additional Government Pleader took notice. 3. The question is whether the prayer sought for by the petitioners for transferring them from the existing institution to any other institution can be ordered as a matter of course by this Court. It is not the case of the petitioner that the institution in which the students are studying has been de-recognized by the third respondent Council. On the other hand, the grievance projected by the petitioner was that there are no infrastructure facilities in the College and the hostel facilities were poor and despite making complaints, the University was not taking any action. 4. In the counter affidavit filed by the second respondent University, in Para No.6, the conditions under which transfer of students from one institution to another institution is set out. The first condition is both the institution i.e., the institution in which the student is studying and the institution to which the migration is sought for should be recognized by the concerned Central Council. No Objection Certificate should be obtained from both the institution, namely, the institution from where they are going and the institution in which they are joining. Migration/Transfer will be entertained only after successful completion of I year professional course and no Migration/Transfer can be ordered during the course of year of study. No Objection Certificate should be obtained from both the institution, namely, the institution from where they are going and the institution in which they are joining. Migration/Transfer will be entertained only after successful completion of I year professional course and no Migration/Transfer can be ordered during the course of year of study. Migration/Transfer can be ordered only at the beginning of the concerned year of study. The application for migration complete in all respects should be submitted to all the authorities concerned within a period of one month of passing professional examination. If the candidates has applied for Migration/Transfer during the intervening period of course of study, such transfer shall be effected only to the subsequent year of course of study. Mutual transfers are also not permissible. 5. In the light of the facts and in the absence of any illegality as alleged on the part of the petitioner, this Court cannot order any such prayer made by the petitioner and on the other hand, it must be observed that all is not well with the fourth respondent College. In the affidavit filed by the University, it is stated that an inspection was conducted by a team on 02.03.2012 and the Inspection Committee has found that the allegation made against the College that there are inadequate staff and no canteen facilities, are found true. Since the College has violated Statute 43, 48 and 49 of Affiliation of Nursing Statutes of the University, the University has decided to issue show cause notice to the Managing Trustee of the fourth respondent. The third respondent also forwarded the complaints received from the students to the University. 6. In the light of all these factors, it is for the University to take appropriate action and only after de-recognition, the question of accommodating the students to some other College will arise. In the light of the same, there is no case made out. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.