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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Corporate Manager – Appellant
Versus
Sangetha S. – Respondent
JUDGMENT :
Muralee Krishna, J.
The common issue that arises in these writ appeals is whether an Educational Agency, which has colleges under the jurisdiction of different Universities, can transfer a Teacher from one college under a University to another college under a different University without the written request of the Teacher? Since the issue to be decided in all these writ appeals is the same, they are heard together and are being disposed of by way of this common judgment.
W.A.No.1442 of 2025
2. Respondents 6 and 7 in W.P.(C) No.11018 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 13.05.2025 passed by the learned Single Judge, whereby the writ petition filed by the 1st respondent herein was allowed by setting aside Ext.P4 order dated 14.03.2025 issued by the Educational Agency, namely, the Travancore Devaswom Board, transferring the 1st respondent from Devaswom Board Pamba College, Parumala, Pathanamthitta under Mahatma Gandhi University (‘M.G.University’ in short) to Kumbalathu Sankupillai Memorial Devaswom Board College, Shasthamkotta under Kerala University and directing to retain the 1st respondent at De
Inter-University transfers of teachers require written consent as specified by statute; transfers without such consent are impermissible.
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 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.
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 Vice-Chancellor of the university lacks the authority to transfer employees absent explicit provisions in the governing Act, rendering the transfer order invalid.
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....
A transfer order executed without adhering to due process is deemed punitive and illegal, impacting the employee’s rights and entitlements.
The G.R. on teacher transfers aligns with the RTE Act by maintaining Pupil-Teacher ratios and does not violate statutory rights of teachers.
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