E. S. INDIRESH
Mahantesh Nayak – Appellant
Versus
University Of Agricultural Sciences – Respondent
JUDGMENT/ORDER
1. In these writ petitions, the petitioners herein have primarily challenged the order dtd. 1/4/2022 passed by the respondent-University transferring the petitioners to the various places. In W.P.No.101373/2022, the petitioners have challenged the order of transfer dtd. 1/4/2022. In W.P.No.101321/2022, petitioner has challenged the order dtd. 29/6/2022 passed by the 2nd respondent No.2 (Annexure-E) whereby, the respondent-university withdraw the petitioner as Head of the Department of Agricultural Meteorology, College of Agriculture, Dharwad and nominating one Dr. Sumesh to the said post. In W.P.No.100177/2023, petitioner has challenged the order dtd. 12/12/2022 (Annexure-A) regarding allotment of work.
2. It is the case of the petitioners that, petitioners are working in the respondent-University in the cadre of Professors as well as the Assistant Professors. The petitioner Nos.1 to 3 are the office bearers of the association for Teacher's welfare, University of Agricultural Science U.A.S. Dharwad (hereinafter referred to as 'Association'). Petitioner Nos.4 and 5 are the Executive Member of the Association. It is averred in the writ petition that, petitioners are col
B. Varadha Rao vs. State of Karnataka and Others
M. Sumitra vs. Bengaluru University, Gnana Bharati
Rajendra Roy vs. Union of India and Another
Rajendra Singh and Others vs. State of Uttar Pradesh and Others
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
Transfer of employees is an essential condition of service governed by administrative exigencies, and courts should exercise restraint in interfering with such orders unless they are proven to be ill....
Transfer is a standard condition of service, and can only be challenged on grounds of mala fides, which require substantial proof of personal bias or improper motive.
Burden of proving mala fides in transfer orders is high; transfers made in public interest are generally not subject to judicial intervention unless proven arbitrary.
A transfer order executed without adhering to due process is deemed punitive and illegal, impacting the employee’s rights and entitlements.
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