The permissibility of teacher transfer in minority educational institutions depends on individual circumstances and the presence of administrative reasons for the transfer.

The petitioner is working as a Secondary School Teacher in the school run by the second respondent management. The second respondent runs the trust of schools and it is also declared as minority Educational Institutions under Article 30(1) of the Constitution of India. The petitioner was transferred by an order dated 12.6.2009 from the CSI Primary School at Thiruninravur, Poonmalee Range to the CSI Primary School , Pazhavanthangal with effect from 12.6.2009. The petitioner filed a writ petition being W.P.No.10502 of 2009 before this Court. The contention raised by the petitioner was that in the transferred school, there are no sanctioned posts so as to accommodate the petitioner and therefore, the transfer order was illegal.

2. This Court by a final order dated 8.9.2009 in Paragraphs 6 and 8 ordered as follows:

"6. In view of the above statement made by the District Elementary Educational Officer, in my considered opinion, the transfer of the petitioner to C.S.I. School at Pazhavanthangal cannot be sustained. Though both the schools are under the same management, the petitioner cannot be transferred to a post which has not been sanctioned by the Department. Therefore, the impugned order is liable to be quashed on this ground alone.

8. At this juncture, the learned counsel for the fourth respondent would submit that after the impugned order of transfer, the petitioner has neither joined in the transferee school nor discharging his functions in the present school. In my considered opinion, in this writ petition the said question need not be gone into. It is made clear that this order shall not stand in the way of the Management transferring him in future in accordance with law."(Emphasis added)

3. Subsequent to the order passed by this Court, the present impugned order came to be made transferring the petitioner to an approved post. The petitioner was transferred to CSI primary School at Arukkanpattu in Cuddalore District by order dated 13.11.2009. In the order itself, it was stated that since the place was available in some other District,with the consent of Bishop in Madras and Manager of all CSI schools, the petitioners transfer is necessitated and there are no posts available in the existing District, in which the petitioner is working. It was also stated that he is transferred subject to the approval of the Department. The petitioner has come forward to challenge the said order.

4. Notice was directed to be issued on 3.12.2009. On notice from this Court the second respondent has filed a counter affidavit dated 18.1.2010. In the counter affidavit, it was stated that only pursuant to the earlier order passed by this Court wherein the petitioner himself has stated that he should be transferred to a place where approved posts are available, the present transfer took place and even in the earlier place viz.,Pazhavanthangal, there are no place available and the petitioner is accommodated only because his requirement in the earlier school has become surplus and therefore the proceedings were initiated. Since the petitioner wanted a clear approved school, the transfer order came to be made.

5. Though this Court attempted to find out from the counsel appearing for the second respondent in respect of accommodating the petitioner in any nearby place, learned counsel informs this Court that there are no post available other than the one which the petitioner has been transferred. Since the petitioner by transfer has been accommodated against the sanctioned post, this Court do not find any illegality or infirmity. Only because that the place of posting in Cuddalore District by itself cannot be a ground for resisting such a transfer order.

6. The question as to whether a teacher working in an aided private school run by minority can be transferred out of one school to other school came to be considered by a Full Bench of this Court in The Correspondent, Malankara Syrian Catholic School, Marthandam,Kanyakumari District Vs. J.