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2025 Supreme(SC) 1569
SUPREME COURT OF INDIA
SUDHANSHU DHULIA AND K. VINOD CHANDRAN, JJ.
State Of West Bengal And Another – Appellant
Versus
Moumita Saha And Others
Civil Appeal Nos. 4572-4573 of 2025
Decided on : 01-04-2025
Headnote:(A) West Bengal Colleges (Transfer of Employees) Rules, 2017 - Rule 3 - Jurisdiction of courts in transfer matters - Transfer of an Assistant Professor ordered by High Court - Court finds such orders infringe on administrative policy - Personal difficulties not grounds for transfers - Judicial interference limited to mala fides or legal violations. (Paras 3, 11, 12, 13)
(B) Writ of Mandamus - Court's jurisdiction and limitations - Cannot command state authorities on transfer matters - Transfer isn't a matter of right. (Paras 2, 3, 10)
Facts of the case:
The State of West Bengal challenged a High Court order directing the transfer of an Assistant Professor for personal convenience, citing hardship while commuting to work. The High Court found a vacancy at another college and issued a writ of mandamus.
Findings of Court:
The decision by the High Court to issue a transfer order was found to be improper, infringing upon policy matters of the State.
Issues: Whether the High Court could issue a writ directing the transfer of an individual amid administrative and academic considerations.
Ratio Decidendi: The court held that transfers, being an exigency of service, should not be disturbed by court orders unless a clear violation of principles or mala fides is established, reaffirming administrative discretion.
Result: Civil Appeals allowed; High Court's order set aside.
| Table of Content |
|---|
| 1. judicial review in transfer matters is limited. (Para 1 , 2 , 8) |
| 2. transfers are non-justiciable unless in cases of mala fides. (Para 3 , 11 , 12) |
| 3. grounds for transfer include hardship but must align with policy. (Para 4 , 5 , 6) |
| 4. policy decisions regarding transfers demand respect in judicial review. (Para 9 , 10 , 13) |
| 5. high court's decision overturned on grounds of administrative policy. (Para 14 , 15) |
ORDER :
1. The State of West Bengal challenges the order dated 25.09.2024 passed by the Division Bench of the Calcutta High Court, whereby the Division Bench directed that respondent No. 1 herein, an Assistant Professor posted at Ghatal Rabindra Satabarsiki Mahavidyalaya, Paschim Medinipur, to be transferred to a vacant post at Sree Chaitanya College, Habra, which is in close proximity to her parental home.
2. The State of West Bengal has challenged this order on the ground that such directions could not have been issued in exercise of writ jurisdiction through a writ of mandamus, commanding the State Authorities to transfer an individual from one place to another.
3. The learned senior counsel for the petitioner, Shri Jaideep Gupta, has submitted that it is a well-settled legal principle in such matters, that transfer, being an exigency of service is neither a matter of right nor choice, and courts are generally slow to interfere in transfer matters unless there is a violation of law/service rules or if the transfer or non-transfer of a person itself suffers from the vice of mala fides.
4. In the present case, the respondent did not challenge any transfer order issued by the State but instead directly sought a writ of mandamus from the High Court, seeking a direction to the concerned authorities that she be transferred from Ghatal, Paschim Medinipur to Habra, North 24 Parganas in the State of West Bengal.
5. The reasons cited for such a transfer are that respondent No. 1 has been teaching Philosophy at Ghatal Rabindra Satabarsiki Mahavidyalaya since November 2016 and resides at her parental home at Maslandapur, North 24 Parganas, which is approximately 165 kms. away from the college. As a result, she faces significant hardship in commuting and is unable to adequately take care of her elderly ailing parents. In support of her plea, she relied on Rule 3 of the West Bengal Colleges (Transfer of Employees) Rules, 2017.[3. Conditions for transfer of own seeking:- (1) An employee shall be eligible for transfer of his own seeking only if he has been confirmed in service, and has completed 5 (five) years of satisfactory and continuous service in a college from which he seek transfer:
Provided that the State Government may, for reasons to be recorded in writing. allow an employee for transfer of his own seeking not completing five years, considering the exigencies of the situation and hardship of the employee on special ground, but such prayer shall not be allowed, if the employee concerned is on probation:
(2) No application under transfer of own seeking shall be entertained if the employee concerned seeks a transfer to a college situated within a distance of 25 (twenty-five) Kilometres from present place of posting:
Provided that the State Government may, for reasons to be recorded in writing, allow employees for transfer under this rule within the prescribed distance, considering the exigencies of the situation and hardship of the employee on special ground, but under no circumstances, such prayer shall be allowed, if the employee concerned is on probation.
(3) The benefit of transfer under this rule can be enjoyed only once in the whole service life and if the employee concerned fails to join the post on transfer, he shall forfeit his right of seeking a transfer under this category]
6. The learned Single Judge of the High Court, dismissed the respondent's writ petition by an order dated 24.04.2024, observing that academic interests of the college, where the respondent is posted, would be hampered if she is transferred
