R. KARTHIKA Vs. PRINCIPAL SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU HIGHER EDUCATION DEPARTMENT

JUDGEMENT

(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.

(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.