Inter-University transfers of teachers require written consent as specified by statute; transfers without such consent are impermissible.

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 1^st 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 1^st 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 1^st respondent at Devaswom Board Pamba College, Parumala, under M.G.University.

2.1. Going by the averments in W.P.(C)No.11018 of 2025, the 1^st respondent was appointed as an Assistant Professor (Botany) at Devaswom Board Pamba College, Parumala, Pathanamthitta, with effect from 09.11.2017, by Ext.P1 order dated 08.11.2017. The Travancore Devaswom Board administered two colleges under M.G. University, namely, Devaswom Board College, Thalayolaparambu and Devaswom Board Pamba College, Parumala. According to the 1^st respondent, as per the order issued in the year 2020, there exist only 5 sanctioned posts in these two colleges, which were distributed as two sanctioned posts at Devaswom Board College, Thalayolaparambu, and three sanctioned posts at Devaswom Board Pamba College, Parumala, Pathanamthitta. In the year 2019, the 7^th respondent Smt.Ajitha D. sought a transfer to Devaswom Board College, Thalayolaparambu, where an excess post of 12 hours existed in addition to the two sanctioned posts. Accordingly, she was transferred to Devaswom Board College, Thalayolaparambu, from Devaswom Board Pamba College, Parumala, resulting in a distribution ratio of three posts at Devaswom Board College, Thalayolaparambu, and two posts at Devaswom Board Pamba College, Parumala. Subsequently, the Government issued Ext.P2 Workload Statement of sanctioned posts and workload in Aided Arts and Science Colleges dated 01.04.2020 of Devaswom Board College, Thalayolaparambu, whereby it is made clear that the eligible sanctioned posts at Devaswom Board College, Thalayolaparambu, are two, with an additional excess post held by the 7^th respondent. By Ext.P3 Workload Statement of sanctioned posts and workload in Aided Arts and Science Colleges dated 01.04.2020 of Devaswom Board Pamba College, Parumala, it was revealed that there are three sanctioned posts at Devaswom Board Pamba College, Parumala, with one post in excess. Due to the transfer of the 7^th respondent in the year 2019, one post remained in excess at Devaswom Board College, Thalayolaparambu, while a vacancy arose at Devaswom Board Pamba College, Parumala. To fill this vacancy, the 8^th respondent Smt.Jincy was appointed by the Travancore Devaswom Board on 01.06.2023 to the excess post at Devaswom Board Pamba College, Parumala. This appointment created the ratio of 3:3 in these two colleges, which violated the order of the year 2020 that prescribed a total of five sanctioned posts.

2.2. The 1^st respondent states that in order to accommodate the 8^th respondent, who is the junior most in comparison to the 1^st respondent, in the post of Assistant Professor (Botany) at Devaswom Board Pamba College, Parumala, the 1^st respondent has now been transferred from Devaswom Board Pamba College, Parumala under M.G.University to Kumbalathu Sankupillai Memoria