Abhiyan Abdulkhader S/o Abdulkhader v. A. P. J. Abdulkalam Technological University (KTU)
2025-05-19
N.NAGARESH
body2025
DigiLaw.ai
JUDGMENT : 1. The petitioner, who is a B.Tech student undergoing studies in the 4 th respondent's College, has filed this writ petition seeking to direct the 2 nd respondent-University to permit the petitioner's intercollegiate transfer to the 5 th respondent-College. The petitioner has also sought certain incidental reliefs. 2. The petitioner states that after undergoing entrance examination, the petitioner was allotted to the 4 th respondent's College for the 2023-2027 Batch. The petitioner missed a few classes. In August, 2024, he was assaulted by a fellow student. Though the petitioner reported the incident, no action was taken. 3. In September, 2024, he was brutally attacked by a group of students in the Mens Hostel bathroom. Yet, no action was taken by the College authorities against erring students. To the contrary, the petitioner was suspended from the College on 12.12.2024, as per Ext.P2 memo. Ext.P2 memo referred to four cases. The petitioner was not provided with copies of any of the complaints. 4. By Ext.P3 order dated 16.12.2024, the petitioner was directed to accept Transfer Certificate by 19.12.2024. In Ext.P3, it was stated that the College Council has decided to expel the petitioner based on an enquiry report of the College Disciplinary Committee. No copy of the said inquiry report was provided to the petitioner. 5. On 16.12.2024, the petitioner along with his parents went to the Principal's office, where they were forced to accept the Transfer Certificate. The 5 th respondent- College agreed to admit the petitioner into the 3 rd respondent Semester of the 2023-2027 Batch. The 5 th respondent informed the petitioner that permission from the University is required for intercollegiate transfer. The petitioner's request for intercollegiate transfer was rejected by the 1 st respondent-University, as per Ext.P6. 6. The petitioner states that unfair expulsion imposed on him by the 4 th respondent has severely harmed his education and well being. The denial of intercollegiate transfer based on the classification of the institutions as autonomous, is arbitrary. The petitioner secured admission under the State Merit Quota. Principles of natural justice were violated while expelling him. The petitioner therefore seeks to quash Ext.P6. 7. The 4 th respondent-College filed counter affidavit. The 4 th respondent stated that there were repeated complaints against the petitioner, of physical assaults on other students. The petitioner was informed about the complaints. The petitioner was heard by the Disciplinary Committee.
Principles of natural justice were violated while expelling him. The petitioner therefore seeks to quash Ext.P6. 7. The 4 th respondent-College filed counter affidavit. The 4 th respondent stated that there were repeated complaints against the petitioner, of physical assaults on other students. The petitioner was informed about the complaints. The petitioner was heard by the Disciplinary Committee. The report of the Disciplinary Committee was presented before the College Council. The College Council was of the unanimous opinion that the continuance of the petitioner in the College, is not in the interest of the discipline and atmosphere in the College. 8. The 4 th respondent stated that once expelled from the College, the petitioner may not get admission in other institutions. Therefore, the parents were required to collect Transfer Certificate. On the basis of an application from the petitioner, Transfer Certificate was issued. 9. Respondents 1 to 3 resisted the writ petition. Respondents 1 to 3 stated that as per Clause IV.6(h) of the B.Tech Regulations , 2019, intercollegiate transfers are not permitted for students from autonomous institutions. Furthermore, in other cases, intercollegiate transfers are permitted only before the commencement of the 3 rd Semester. The petitioner's request for transfer citing health issues was considered and rejected by the University. The writ petition is without any merits, contended respondents 1 to 3. 10. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 to 3 and the learned counsel appearing for the 4 th respondent. 11. It is discernible from the pleadings that there were repeated complaints against the petitioner about physical assaults committed by him. A Committee enquired into the matter and submitted a report to the College Council. The members of the College Council opined that the petitioner cannot be permitted to continue the studies in the College and it will not be in the interest of the discipline and atmosphere in the College. 12. The petitioner has given an apology letter. It would show that the petitioner has conceded about his misconduct. Therefore, I do not find any illegality in the proceedings. 13. The petitioner is challenging Ext.P6. By Ext.P6, the petitioner's request for intercollegiate transfer stands rejected for the reason that no transfer is permitted for students to and from autonomous institutions.
12. The petitioner has given an apology letter. It would show that the petitioner has conceded about his misconduct. Therefore, I do not find any illegality in the proceedings. 13. The petitioner is challenging Ext.P6. By Ext.P6, the petitioner's request for intercollegiate transfer stands rejected for the reason that no transfer is permitted for students to and from autonomous institutions. Clause IV.6(h) of the B.Tech Regulations , 2019 framed by the 1 st respondent-University does not permit intercollegiate transfer for students from autonomous institutions. The University order No.1925/2022/KTU dated 11.08.2022 provides that students from autonomous institutions cannot be transferred. As there is a prohibition for transferring a student to an autonomous College, the reliefs sought for by the petitioner cannot be granted. 14. The petitioner has an alternate prayer to set aside Ext.P4 Transfer Certificate and to direct the 4 th respondent to re-admit the petitioner to the 3 rd Semester B.Tech CS Course. There were complaints against the petitioner, of physical assault upon other students. The matter was enquired into by the College authorities appointing a Committee. The petitioner was heard in the matter. Not providing a copy of report of the Committee will not vitiate the Transfer Certificate issued to the petitioner, in the facts of the case. 15. In the circumstances, I find no merit in the writ petition and the writ petition is hence dismissed.