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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
Sukanya.S. Nair W/o. Vipinbabu – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
N.NAGARESH, J.
W.P.(C) No.40892/2024 has been filed by the petitioner who is working as Assistant Professor (Economics), NSS College, Cherthala. The petitioner is aggrieved by Ext.P2 order dated 23.09.2023 whereby the petitioner is transferred from NSS Hindu College, Changanassery under the MG University to the NSS College Cherthala under the Kerala University.
2. The 6th respondent-NSS Colleges Central Committee is a corporate educational agency. After a due selection process, the petitioner was appointed as Assistant Professor (Economics) by the 6th respondent in NSS Hindu College, Changanassery as per Ext.P1 appointment order dated 01.03.2018. The petitioner joined service on 05.03.2018. The probation of the petitioner was declared.
3. While so, the 6th respondent issued Ext.P2 order transferring the petitioner from NSS Hindu College, Changanassery to NSS College, Cherthala. The petitioner states that the transfer is illegal. In Ext.P2 transfer order, it is stated that the total workload of Economics Department is 125 hours and nine Teachers are working. Seven Teachers are having 16 hours workload, one Teacher is having 13 hours and the 9th Teacher is continuing without a
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.
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.
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.
Teacher transfers must adhere to statutory rules and ensure principles of natural justice when allegations affecting a teacher's reputation are involved.
The court upheld the validity of transfer orders for university staff, ruling that they do not qualify as government servants and emphasizing limited judicial intervention in administrative transfers....
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....
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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