2019 Supreme(Mad) 920
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
R. Renganathan - Petitioner
Versus
The State of Tamil Nadu, Rep. By its Principal Secretary to Government, School Education Department Fort St.George Chennai & Others - Respondent
W.P.No. 5939 of 2018
Decided On : 04-04-2019
For the Petitioner:M/s. Jerry V.V. Sundar, Advocates.
For the Respondents:M/s. V. Annalakshmi, Government Advocate, K. Magesh, P. Naga Raja, Advocates.
Headnote:
Constitution of India – Article 226 – Quash the same as illegal and consequently – Praying to issue a Writ of Certiorarified Mandamus – Order of transfer issued against the writ petitioner in proceedings, transferring the writ petitioner from Corporation Girls Higher Secondary School, Coimbatore to Corporation Higher Secondary School is under challenge in the present writ petition – Interestingly, the distance between these two Schools – Both the 2 Schools are situated within the Coimbatore City Municipal Corporation – Writ petitioner, who is holding the responsible position of Headmaster, has to concentrate in the Administration of the School and for the welfare of the students and to impart best education to the Children, who all are studying in Corporation Schools – Contrarily, they are developing an attitude by challenging these kind of transfer orders, which has been issued to the nearby Schools –Held, 1st respondent is directed to ensure that the complaints, if any registered through such Telephone Numbers are attended immediately by the designated authorities and swift actions are initiated within a period of 24 hours from the time of registration of a complaint – Directed to issue consolidated instructions / circulars to all the Educational Institutions, Schools, stating that the Teachers and the public servants shall not involve in any trade business or taking Tuitions or Tutorial classes even after the School hours or in holidays by clearly mentioning that such conduct of trade, business or taking Tuitions etc., are already described as misconduct under the Tamil Nadu Governments Conduct Rules, warranting Disciplinary proceedings under the relevant Rules – Writ petition stands disposed of.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for records relating to impugned proceeding in Na.Ka.No.5773/ 2017/ K-1 dated 24.07.2017 issued by the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent and transfer the petitioner to S.R.P Ammani Ammal Girls Higher Secondary School.)
1. The order of transfer issued against the writ petitioner in proceedings dated 24.07.2017, transferring the writ petitioner from Corporation S.R.P.Ammani Ammal Girls Higher Secondary School, R.S. Puram, Coimbatore to Corporation Higher Secondary School, Selvapuram is under challenge in the present writ petition.
2. Interestingly, the distance between these two Schools are 2 kms. Both the 2 Schools are situated within the Coimbatore City Municipal Corporation. The writ petitioner, who is holding the responsible position of Headmaster, has to concentrate in the Administration of the School and for the welfare of the students and to impart best education to the Children, who all are studying in Corporation Schools. Contrarily, they are developing an attitude by challenging these kind of transfer orders, which has been issued to the nearby Schools.
3. The learned counsel for the writ petitioner states that the transfer order was issued by entertaining the request application of the 4th respondent. In this regard, the learned counsel appearing on behalf of the Corporation also states that the 4th respondent submitted a request application to transfer her to the S.R.P.Ammani Ammal Girls Higher Secondary School, R.S. Puram.
4. The learned counsel for the writ petitioner states that the request by the 4th respondent is submitted by way of an appeal and therefore, the respondent Corporation considered the said appeal and issued the transfer order dated 24.07.2017.
5. When this Court directed the Corporation officials, more specifically, the Corporation Educational Officer to submit a report, who in turn, submitted a status report by stating that he inspected the Corporation School and conducted the joint meeting of Parents Teachers Association, who in turn informed the officer that the writ petitioner as well as the 4th respondent are performing their duties and responsibilities without any irregularity or illegality.
6. Under these circumstances, it is not clarified by the Corporation, why such an order of transfer was issued. The impugned order states that the order of transfer was issued on administrative reasons.
7. Now, during the course of hearing, the learned counsel for the Corporation informed this Court that the impugned order of transfer was issued by entertaining the request application submitted by the 4th respondent. Therefore, the very reasons stated in the impugned order that the transfer order was issued on administrative grounds is absolutely false. The Commissioner, Coimbatore Corporation, while issuing such transfer orders is bound to apply his mind and give the reasons and circumstances correctly. The transfer on administrative grounds cannot be issued on false grounds. If an order of transfer was issued on administrative grounds, the normal impression of the Court would be that the transfer order has been issued in the interest of public administration. If such transfer orders are issued by entertaining the request application/appeal, then the reason for consideration for such request of the individual must be recorded in writing. In the absence of any such findings by the competent authorities, the factual inference is to be drawn that the authorities have issued the order of transfer on extraneous consideration or for the purpose of entertaining the request of another employee.
8. In the present case on hand, admittedly, the impugned transfer has been issued by entertaining the request submitted by the 4th respondent. However, the order states that the transfer order was issued on administrative grounds. Th