In these two original petitions the petitioners who are members of the teaching staff of private colleges have approached this court with rival claims. Since the same question in the same set of facts arises for consideration, they are disposed of together.

2. Petitioner in O.P.No.34274 of 2001 is aggrieved by the refusal by Kerala University to approve the inter-management/inter-university transfer granted in his favour by the management based on the Director of Collegiate Education.

3. Petitioner in O.P. No. 21649 of 2001 has approached this court opposing the aforesaid inter-management transfer and seeking directions not to approve that appointment.

4. A perusal of the proceedings issued by the management on 28-5-2001, copy of which is produced and marked as Ext. P5 in both the O.Ps. would furnish the basic facts forming the foundation of these cases. I therefore extract Ext. P5 in extenso:

"Vide the orders read above, the Director of Collegiate Education Trivandrum has issued orders for the Inter-management transfer of Dr. V.S. Josekumar, Lecturer in Zoology, Christ College, Irinjalakuda (Calicut University) to the Mar Ivanios College Trivandrum (M.S.C. Management Kerala University).

In the circumstances, Dr. V.S.Josekumar, Lecturer in Zoology, Christ College Irinjalakuda is transferred and posted as such in the St. John's College Anchal, an institution under the M.S.C. Management as per the terms and conditions laid down in the Kerala University Statute w.e.f 28-3-2001 in the vacancy caused due to the retirement of Sri. P.J. James, Lecturer (Del. tr) in Zoology, subject to the approval of the University of Kerala.

Dr. V.S. Josekumar will be the juniormost teacher in the Department of Zoology under the M.S.C. Management. His rank in the gradation list will be fixed below Dr. Sunny Augustine, Lecturer.

The Principal, St. John' College Anchal will report the date of joining duty of the incumbent, immediately."

5. The approval sought for, pursuant to Ext. P5 has been declined by the Kerala University as per communication dated 17-9-2001, a copy of which is produced and marked as Ext. P6 in O.P. No.34274 of 2001. Therefore Ext. P6 is under challenge at the instance of the petitioner in that O.P.

6. Petitioner in O.P.No. 21649 of 2001 has prayed for quashing the order of the Director according sanction for the inter-management/inter-university transfer as well as Ext. P5 proceedings issued in pursuance thereof.

7. Christ College, Irinjalakkuda, is within the jurisdiction of Calicut University. Mar Ivanios College, Trivandrum, is within the jurisdiction of the Kerala University. The issue to be decided is whether transfer of teachers from a college under a particular management affiliated to a particular university to a college under a different management affiliated to a different university is permissible and whether the action of the latter University refusing to approve that transfer is correct.

8. Petitioner in O.P. No. 21649 of 2001 and the Kerala University argued for the position that the transfer is not permissible whereas the petitioner in O.P.No. 34274 of 2001 and the management contended that the transfer is not against provisions of law and hence the University was not justified in refusing approval.

9. I have heard the counsel for the petitioners as also the counsel for the respondents in the above O.Ps.

10. Dr. Josekumar became a member of the teaching staff after due selection by the appropriate authority and his appointment was approved by the Calicut University. Previously he had worked as Lecturer in the College under the respondent-Management pursuant to approval of his appointment granted by the Kerala University. He has stated that he is qualified for appointment to the post of Lecturer in Zoology as per the qualifications prescribed for that post under both the Universities, namely, the Calicut University and the Kerala University. Petitioner in O.P.No.21649 of 2001 who got himself impleaded as addl. Respo