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2015 Supreme(Ker) 668

A.K.JAYASANKARAN NAMBIAR
SAGI T. M. , HEAD OF THE DEPARTMENT – Appellant
Versus
MAHATMA GANDHI UNIVERSITY – Respondent


Advocates Appeared:
For the Petitioner: SRI. KALEESWARAM RAJ
For the Respondents: SRI. P. JACOB VARGHESE (SR.), SRI. VARUGHESE M.EASO, SC, SRI. VARUN C. VIJAY

JUDGMENT :

The petitioners in all these writ petitions are Assistant Professors, engaged on contract basis by the respondent University, and who are working as Heads of Department in various Departments under the School of Medical Education of the respondent University. In these writ petitions, they are aggrieved by an order of transfer dated 18.04.2015 whereby they have been transferred to various centres. The facts in the writ petitions would disclose that initially, they were transferred by an order dated 07.11.2014. On receipt of the said order of transfer, they approached this Court challenging the said transfer order, inter alia, on the ground that the transfer order had been passed solely for the reason that, as per the Special Rules framed for the self financing institutions of the respondent University, all teachers were liable to be transferred after three years of service, from one centre to another centre of the self financing institutions. It was their case in the writ petitions that there was no administrative exigency that was disclosed in the impugned transfer orders, that necessitated a transfer of the petitioners. It was further contended that the transfer order wa









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