R. Karthika v. Principal Secretary to Government Government of Tamil Nadu Higher Education Department, Chennai
2013-09-16
K.K.SASIDHARAN
body2013
DigiLaw.ai
Judgment : 1. This writ petition is directed against clause 7(ix) of the Government Order in G.O.Ms.No.434, Higher Education (J2) Department, dated 23 October 2008 insofar as it provides that students pursuing part time Degree Courses and Post Graduate Courses like MBA, MCA, ME, M.Tech, M.Sc. are not eligible to apply for transfer of institution. Background facts: 2. The petitioner is a native of Salem District. The petitioner joined MBA course at PSG College of Technology, Coimbatore during the academic year 2012-2013. The College is stated to be an autonomous institution. The petitioner wanted transfer to Sona College of Technology at Salem. The petitioner made an application before PSG College of Technology, Coimbatore for transfer and before Sona College of Technology, Salem to accept the transfer order. The transferor and the transferee Colleges have agreed to entertain the request. However, on account of clause 7(ix) of the Government Order in G.O.Ms.No.434, dated 23 October 2008, the petitioner was not permitted by the second respondent to transfer the institution. This made the petitioner to challenge the validity of clause 7(ix) on the ground that the said provision was discriminatory and per se violative of Article 14 of the Constitution of India. 3. According to the petitioner, the Government have permitted transfer from one institution to another institution in respect of all other courses. However, Post Graduate students alone were not given any such permission for transfer. The impugned Government Order does not contain any valid reason which made the Government to impose such a blanket ban on transfer. The petitioner, therefore, wanted to quash the impugned clause in G.O.Ms.No.434, dated 23 October 2008. 4. The Commissioner of Technical Education filed a counter affidavit in answer to the contentions raised in the affidavit filed in support of the writ petition. According to the Commissioner, the meeting of the Co-ordination Committee of Vice Chancellors was held on 4 July 2008 for the purpose of adopting uniform guidelines on various issues concerning Engineering Colleges in the State of Tamil Nadu. The Committee Members unanimously took a view that transfer of institution should not be permitted in respect of PG courses. The Minutes of the meeting dated 4 July 2008 contain valid reasons for adopting such a course.
The Committee Members unanimously took a view that transfer of institution should not be permitted in respect of PG courses. The Minutes of the meeting dated 4 July 2008 contain valid reasons for adopting such a course. According to the Vice Chancellors, P.G.Course is of two years duration only and transfer is normally accorded after completion of one year of study and as such it was not permissible for transfer of institution. Subsequently, the Government passed an Act in the name and style of "Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 and the same came into force from 1 August 2012. As per the new Act, all the five technical universities were merged into unitary Anna University, Chennai. The Government thereafter reviewed the guidelines for transfer of institution. The Government decided to relax the inter-university norms alone stipulated in G.O.Ms.No.434, dated 23 October 2008 and maintained that "all other norms stipulated in the said order will remain unchanged". Accordingly, the Commissioner of Technical Education justified the impugned clause in the Government Order. Submissions: 5. The learned Senior Counsel for the petitioner contended that there was no rationale behind the ban imposed for transfer of PG students from one institution to another institution. The Government have merged all the five technical universities and a composite Anna University came into existence. The transferor College is affiliated to Anna University. The transferee institution is also affiliated to Anna University. The Government have permitted students of all other courses to transfer from one institution to another affiliated to Anna University. The PG students alone were discriminated without any basis. The learned Senior Counsel, therefore, wanted to quash the impugned clause in G.O.Ms.No.434, dated 23 October 2008 and to issue a consequential direction to the second respondent to approve the transfer from PSG College of Technology, Coimbatore to Sona College of Technology, Salem. 6. The learned Government Advocate submitted that PG course is of two years duration. The Co-ordination Committee of Vice Chancellors took a decision against transfer of PG students and the Government simply approved the same. According to the learned Government Advocate, the petitioner having joined the institution at Coimbatore has no right to claim transfer to another institution at Salem as a matter of right. Factual Analysis: 7. The Government have originally established five regional universities in the name of Anna University.
According to the learned Government Advocate, the petitioner having joined the institution at Coimbatore has no right to claim transfer to another institution at Salem as a matter of right. Factual Analysis: 7. The Government have originally established five regional universities in the name of Anna University. The Government having found that there were several applications from students requesting transfer from one institution to another and from one regional university to another, decided to constitute a Co-ordination Committee under the Chairmanship of Secretary to Government, Higher Education Department. The Committee consisting of Vice Chancellors of Anna University of Technology, Chennai, Tiruchirappalli, Tirunelveli and the Commissioner of Technical Education met on 4 July 2008. The Committee took a unanimous decision permitting transfer of students from one Engineering College to another Engineering College including self financing Engineering College. Similarly, transfer from one Engineering College affiliated to the Technical University to another Engineering College affiliated to another Technical University was also permitted. The Committee was of the view that transfer is normally accorded after completion of one year of study and as such it is not permissible to entertain applications from PG Students. The Committee submitted its report before the Government, resulting in issuing the Government Order in G.O.Ms.No.434, dated 23 October 2008. 8. Subsequently, the Government enacted the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 whereby and whereunder all the Technical Universities were merged into a unitary Anna University based at Chennai. The Government on account of merger and the formation of unitary Anna University at Chennai wanted to review the guidelines relating to transfer of institution. The Government appears to have reviewed the guidelines issued in G.O.Ms.No.434, dated 23 October 2008. The Government was of the view that inter university norms stipulated in clauses 5(i) and 5(ii) of G.O.Ms.No.434, dated 23 October 2008 should be relaxed and the students should be transferred from the academic year 2012-2013 onwards irrespective of whether they have arrear subjects or not. The Government accordingly issued an order in G.O.Ms. No.180 dated 5 September 2012 permitting inter university transfers. However all other norms as contained in the earlier notification in G.O.Ms.No.434, dated 23 October 2008 remain unchanged. 9. The petitioner has taken up a substantial contention with regard to the rationale behind taking such a decision restricting institutional transfer of PG Students 10.
No.180 dated 5 September 2012 permitting inter university transfers. However all other norms as contained in the earlier notification in G.O.Ms.No.434, dated 23 October 2008 remain unchanged. 9. The petitioner has taken up a substantial contention with regard to the rationale behind taking such a decision restricting institutional transfer of PG Students 10. The counter affidavit filed by the Commissioner of Technical Education indicates that only on account of the fact that PG course of study is of two years duration and transfer is normally accorded after completion of one year of study by the student, decision was taken not to permit transfer of PG students from one institution to another. 11. The deliberations of the Co-ordination Committee constituted by the Government vide Government Order in G.O.Ms.No.434, dated 23 October 2008 does not contain any material as to the factors that contributed for taking such a drastic decision. The committee proceeded as if transfer is normally accorded after completion of one year of study by the student. There is no logic or reasoning with respect to the said finding. There would be cases in which students would be compelled to seek transfer from one institution to another on multiple reasons. The Government cannot take a decision to ban transfer of PG students in a generalised manner. The fact that PG course is of two years duration only and transfer is normally accorded after completion of one year of study by the student cannot be a valid reason to prohibit transfer of PG students from one institution to another. There are no other reasons given by the Committee or by the Commissioner of Technical Education in his counter affidavit justifying the ban imposed on transfer of PG students. 12. The situation has changed now in view of the formation of a unitary Anna University at Chennai. Both the Colleges are now affiliated to Anna University at Chennai. However that was not the case earlier, as there were five technical universities functioning in the State of Tamil Nadu. While taking a decision to prohibit transfer of PG students from one institution to another institution, the Government failed to address certain basic issues. There would be genuine cases requiring transfer. According to the petitioner, her mother was diagnosed with high diabetes and she is also suffering from vertigo.
While taking a decision to prohibit transfer of PG students from one institution to another institution, the Government failed to address certain basic issues. There would be genuine cases requiring transfer. According to the petitioner, her mother was diagnosed with high diabetes and she is also suffering from vertigo. The petitioner is stated to be the only daughter and she has to take care of her mother. The petitioner wanted to study PG course as well as to look after her mother. It was only for the said purpose, she submitted application for transfer. The transferor college has agreed to permit transfer. Similarly, the transferee college has also agreed to take the petitioner. The impugned Government order does not spell out any justifiable reason to impose restriction on transfer from one institution to another institution. 13. The classification made by the Government requires to be tested on the touchstone of Article 14 of the Constitution of India. To withstand the test of reasonable classification within the meaning of Article 14, such classification must satisfy the following essential test: (i) classification must be founded on an intelligible differentia and (ii) Such differentia which distinguishes persons placed in a group from those left out the said group must have a rationale relation with the object sought to be achieved. The authority in order to save a particular classification from the vice of arbitrariness or unreasonableness must demonstrate that there is a nexus between the basis of classification and the object sought to be achieved. 14. At present, there is only one technical university. There is only one set of syllabus applicable to all the colleges under Anna University. Such being the case, there is no rationale behind taking a decision to prohibit transfer of PG students from one institution to another within the State. 15. The impugned order denying transfer to the students of PG courses while permitting transfer of Engineering and other streams would amount to selective discrimination. 16. In the result, the impugned clause No.7(ix) in G.O.Ms.No.434, dated 23 October 2008 is quashed. The petitioner is given liberty to make an application before the second respondent to permit her to transfer from PSG College of Technology, Coimbatore to Sona College of Technology, Salem. The second respondent is directed to consider the said application taking into account the consent given by the transferor and transferee institutions.
The petitioner is given liberty to make an application before the second respondent to permit her to transfer from PSG College of Technology, Coimbatore to Sona College of Technology, Salem. The second respondent is directed to consider the said application taking into account the consent given by the transferor and transferee institutions. Such exercise shall be completed within a period of two weeks from the date of receipt of such application. 17. The writ petition is allowed accordingly. Consequently, the connected MP is closed. No costs.