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2026 Supreme(Online)(Mad) 47007

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mummineni Sudheer Kumar, J
C. Somu – Appellant
Versus
Commissioner School Education Department – Respondent
W.M.P.(MD) No.6484 of 2026



Advocates:
For the Appellants/Petitioners: T. Aswin Raja Simman
For the Respondents: K. Porkodi

A government servant has no absolute right to a departmental transfer, but may participate in transfer counselling subject to obtaining a No Objection Certificate from the parent department.

Headnote:The petitioner filed a writ of mandamus invoking Art. 226 of the Constitution of India, seeking a transfer from the School Education Department to the Adi Dravidar Welfare Department. The petitioner relied upon earlier administrative proceedings indicating that a request for the post of Secondary Grade Teacher could be considered. The court determined that the petitioner did not possess an absolute right to such a transfer. The main issue was whether the petitioner could be granted a departmental transfer through a writ of mandamus. The court reasoned that while the petitioner had no absolute right to demand a transfer between departments, administrative fairness dictated that he should be allowed to participate in the upcoming transfer counselling process, provided he obtained the necessary No Objection Certificate (NOC) from his parent department. The court disposed of the writ petition with a direction to allow the petitioner to participate in the ensuing transfer counselling for the Adi Dravidar Welfare Department, subject to the production of an NOC from the School Education Department, in accordance with the law.

Table of Content
1. summary of relief sought regarding departmental transfer requests. (Para 1 , 2)
2. procedural prerequisites for inter-departmental transfer via counselling. (Para 3)
3. court intervention balancing administrative requirements with employee participation. (Para 4)

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.6484 of 2026 C.Somu ... Petitioner -vs-

1.The Commissioner School Education Department Chennai-6

2.The Commissioner Adi Dravidar Welfare Department Chepauk, Chennai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to grant departmental transfer to the petitioner in the post of Secondary Grade Teacher in Government Adi Dravidar Welfare Primary School, Kalingarajapuram, Kanyakumari District or in any other Government Adi Dravidar Welfare Primary School in Kanyakumari District, by considering the representation of the petitioner dated 10.03.2026 in accordance with the proceedings of the second respondent vide Na.Ka.No.Ra4/16622/2024, dated 16.09.2025 within a time period stipulated by this Court.

For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mrs.K.Porkodi Counsel for the Government

O R D E R

This writ petition has been filed seeking a writ of mandamus directing the second respondent to grant departmental transfer to the petitioner in the post of Secondary Grade Teacher in Government Adi Dravidar Welfare Primary School, Kalingarajapuram, Kanyakumari District or in any other Government Adi Dravidar Welfare Primary School in Kanyakumari District, by considering the representation of the petitioner dated 10.03.2026 in accordance with the proceedings of the second respondent vide Na.Ka.No.Ra4/16622/2024, dated 16.09.2025 within a time period stipulated by this Court.

2. The petitioner, who is working as a Secondary Grade Teacher in the School Education Department, made a request for transferring and posting him as a Warden in Adi Dravidar Welfare Department and then approached this Court seeking consideration of the said request by the respondents. The said request of the petitioner was considered and negatived by the respondents through proceedings bearing Na.Ka.No.Ra4/16622/2024, dated 16.09.2025. However, it was observed that in case if the petitioner is interested in working as a Secondary Grade Teacher, his request will be considered. It is basing upon the said observation made in the said proceedings, the petitioner appears to have made a further claim for transferring and posting him as a Secondary Grade Teacher in any Adi Dravidar Welfare School by submitting a representation dated 10.03.2026. It was thereafter, the petitioner has approached this Court by filing the present writ petition seeking the relief as noted above.

3. Mrs.K.Porkodi, learned counsel for the Government appearing for the respondents, submitted that the transfer request of the petitioner from School Education Department to Adi Dravidar Welfare Department cannot be considered straightaway and in case if he is interested in transferring himself to the Adi Dravidar Welfare School, he is at liberty to participate in the transfer counselling that is scheduled to take place in the month of June 2026 for the academic year 2026 – 2027 by duly obtaining no objection certificate from the School Education Department. She also further submits that in case if the School Education Department issues no objection certificate for the petitioner to participate in the ensuing transfer counselling and to seek transfer from School Education Department to Adi Dravidar Welfare Elementary School Department, he would be permitted to participate in the ensuing transfer counselling.

4. In the light of the above and also taking into consideration the fact that the petitioner has no absolute right to seek transfer from School Education Department to Adi Dravidar Welfare Department and also taking into consideration the submissions of the lea

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