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In a recent decision dated 31st May in the matter of Jisin Jijo &Ors v. State of Kerala the Kerala High Court directed the college Principal to not compel the students who do not want to continue in college because of the reasoning that it will affect their future and career. The single judge Bench of HC heard the petition of engineering students, who were affected by the refusal on the part of the Principal to recommend their application for inter-college transfer to other Self Financing Colleges.
The petitioners alleged against the college that the administration has miserably failed to provide them basic amenities required and also claimed that most of the teaching staff resigned from the college on account of the nonpayment of salary. The petitioners mentioned about the incidents of continuous 3 Days Strike by teaching and non-teaching staff. Petitioners have claimed that the College Lab was not properly functioning, there are no 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 also 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. The Counsel for petitioners also argued that when the petitioners do not want to continue in the College and the University permits inter-college transfer then in such a case denial of No Objection Certificate on their applications by the college would be violation of their fundamental right to education under Article 21 of the Constitution of India.
The Court after hearing both the counsels rejected the argument of the respondent college that such mass transfer of students would affect the running of the College and directed the Principal of the College to recommend the applications of the petitioners for inter-college transfer within three days of the. The HC bench also directed Institute 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.
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