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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
Sangetha S – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
N. NAGARESH, J.
The petitioner is before this Court aggrieved by Ext.P4 order transferring the petitioner from DB Pampa College, Parumala under the Mahatma Gandhi University to DB College, Sasthamcotta under the Kerala University.
2. The petitioner was appointed as Assistant Professor (Botany) at DB Pampa College, Parumala with effect from 09.11.2017, as per Ext.P1. The petitioner states that in order to accommodate the 9th respondent, who is the juniormost in comparison to the petitioner, as Assistant Professor (Botany) at the DB Pampa College, Parumala, the petitioner has been transferred from DB Pampa College, Parumala to DB College, Sasthamcotta. Ext.P4 would show that the transfer is caused due to the illegal appointment of the 9th respondent.
3. The petitioner states that approval was declined to the appointment of the 9th respondent on the ground that there exists an additional permanent Teacher in the Department of Botany at DB College, Thalayolaparambu, whose workload is less than 16 hours. Due to lack of sufficient workload, the 8th respondent requested a re-transfer to DB Pampa College, Parumala. But, the 9th respondent was appointed in DB Pampa College, Parumala.
Inter university transfers of teachers require written consent as per Section 68A of the Mahatma Gandhi University Act, and transfers made without consent are deemed illegal.
Unilateral transfers of teachers between universities without adherence to statutory procedures are illegal and violate teachers' rights.
Inter-University transfers of teachers require written consent as specified by statute; transfers without such consent are impermissible.
Court upheld transfer of university faculty under administrative grounds, affirming limited scope for judicial review in administrative transfer matters.
The Vice-Chancellor of the university lacks the authority to transfer employees absent explicit provisions in the governing Act, rendering the transfer order invalid.
Point of Law : Court have no hesitation to conclude that it is only with a view to illegally accommodate respondent No. 2, who for some strange reasons happened to be a blue-eyed.
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....
A transfer order executed without adhering to due process is deemed punitive and illegal, impacting the employee’s rights and entitlements.
The court's review of transfer orders is limited; interference is only permitted on grounds of mala fides or violations of statutory provisions.
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