- 1 - NC: 2025:KHC-K:1673 WP No. 200368 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.200368 OF 2025 (EDN-RES) BETWEEN: J. JAGITHA PHANI SAI ESWARI D/O JAVVADI VENKATESHWRA RAO, AGE: 21 YEARS, OCC: STUDENT IV YEAR BVSc AND AH, COLLEGE OF VETERINARY SCIENCE, SHIMOGA KARNATAKA VETERINARY, ANIMAL AND FISHERIES SCIENCES UNIVERSITY (KVAFSU) KARNATAKA 560 024. …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: KARNATAKA VETERINARY, ANIMAL AND FISHERIS SCIENCES UNIVERSITY, (KVAFSU), REPRESENTED BY ITS REGISTRAR NANDINAGAR, BIDAR, STATE OF KARNATAKA – 585 401. …RESPONDENT (BY SRI K.M.GHATE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED LETTER ISSUED BY RESPONDENT UNIVERSITY VIDE Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1673 WP No. 200368 of 2025 RGR-ACADOSIC/4/2023-ACDM-KVAFSU DATED 20.09.2024 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. The petitioner is aggrieved by the order at Annexure-F dated 20.09.2024 issued by the respondent declining the petitioner’s request seeking transfer from Veterinary College in Shivamogga to Veterinary College in Bidar and forwarding the same to Veterinary Council of India relying on Clause-10(4) of the Veterinary Council of India – Minimum Standards of Veterinary Education – Degree Course (B.V.Sc. & A.H.) Regulations, 2008 (for short, ‘the Regulations’). 3. Learned counsel appearing for the petitioner referring to the relevant clause of aforementioned Regulations would submit that the petitioner’s case is covered under Sub- - 3 - NC: 2025:KHC-K:1673 WP No. 200368 of 2025 clause(1) of Clause 10 of the Regulations and the reliance placed by respondent under sub-clause(4) of Regulations 10 is misplaced. Thus, he would contend that the respondent – University has the power to accept the request for migration provided other conditions are met. He would submit that the petitioner possesses all other qualification, as such, the decision to refer the matter to the Veterinary Council of India is permissible. 4. Learned counsel for the respondent would submit that under sub-clause(4) of Regulations 10, the decision is taken to refer the matter to the Veterinary Council of India, as such, impugned order at Annexure-F cannot be found fault with. 5. This Court has considered the contentions raised at the Bar and perused the records. 6. Regulation 10 of the aforementioned Regulations reads as under: “10. Migration or Transfer of Student - (1) student studying in a recognized veterinary college which is included in the First Schedule of the Act may be allowed to migrate or be transferred to another - 4 - NC: 2025:KHC-K:1673 WP No. 200368 of 2025 recognized veterinary college under another or same University. (2) The migration or transfer may be allowed by the university concerned after passing 1st year of Bachelor of Veterinary Science and Animal Husbandry degree course within one month of the start of academic session of 2nd year of the receiving College or University. (3) The number of students migrating or transferring from one veterinary college to another veterinary college during the period of one academic year will be kept to the maximum limit of 5% of the intake capacity of each of the veterinary colleges in one year. (4) The cases not covered under sub regulations, (1) to (3) may be referred to the Veterinary Council of India for consideration on merits. (5) An intimation about the admission of migrated or transferred students into any veterinary college shall be sent to the Veterinary Council of India by the respective Institution.” 7. Sub Regulation (1) of Regulation 10 provides for Migration or Transfer of Student studying in a recognized veterinary college which is included in the First Schedule of the Act. Under this Sub Regulation, student may be allowed to migrate or be transferred to another recognized veterinary college under another or same University. Thus, the plain - 5 - NC: 2025:KHC-K:1673 WP No. 200368 of 2025 reading of the aforementioned Regulation would reveal that the transfer of the student from one college to another college from the same University or different University is permissible provided the University is found in the First Schedule of the Act. 8. It is not in dispute that the Veterinary College is affiliated to University which is found in the Schedule to the Act. Thus, the petitioner fulfills the criteria under Sub Regulation (1) of Regulation 10. 9. Sub Regulations (2) and (3) of Regulation 10 deal with specific instances specified therein. Sub Regulation (2) is applicable to the student who is studying in 2nd year and Sub Regulation (3) deals with ceiling limit of 5% and above 5% there shall not be any transfer in one academic year. 10. Sub Regulation (4) of Regulation 10 deals with situations which are not covered under Sub Regulations (1) or (3). The petitioner has fulfilled the requirement under Sub Regulation (1) of Regulation 10. It is true that Sub Regulation (2) is applicable only for second year students as such the petitioner is not covered under Sub Regulation (2). - 6 - NC: 2025:KHC-K:1673 WP No. 200368 of 2025 11. The question is whether the petitioner is covered under Sub Regulation(3), or not. Sub Regulation (1) as already noticed provides for transfer. Sub Regulation(1) of Regulation 10 does apply to the petitioner. Sub Regulation (2) does not apply to the petitioner as the petitioner is not in the second year. Sub Regulation (4) of Regulation 10 applies only in situation not covered under sub Regulations 1 to 3. Since Sub Regulation (1) applies to petitioner, respondent No.3 is under obligation to see whether the petitioner is qualified in Sub Regulation (3) of Regulation 10. Hence, the University has to consider whether the ceiling limit is in Sub Regulation (3) reached or not. If such ceiling limit has not reached then the petitioner is entitled to seek transfer as prayed. The University has to take a decision with reference to the ceiling limit. 12. Hence, the following: ORDER i) The writ petition is allowed in part. ii) The impugned order at Annexure-F is quashed. - 7 - NC: 2025:KHC-K:1673 WP No. 200368 of 2025 iii) The respondent shall consider the claim of the petitioner in light of the observations made above. iv) This exercise shall be completed within two weeks from the date of receipt of copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 2 Sl No.: 24