THE HON’BLE SRI JUSTICE PULLA KARTHIK

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a writ order or direction more particularly one in the nature of writ Mandamus declaring the action of the 2^nd respondent in issuing the impugned Procs.No.TE-Estt/General Transfers/2024, dated 31.07.2024, in contravention to Rule 6 of the Guidelines issued vide G.O.Rt.No. 118 HE(CE) Dept. dated 15.07.2024 by transferring the petitioner to a far off place to GPT Gadwal, by transferring two male candidates without giving preference to the petitioner as highly illegal, arbitrary and in violation of Guidelines issued vide G.O.Rt.No. 118 HE(CE) Dept. dated 15.07.2024, consequently set aside the impugned Procs.No.TE-Estt/General Transfers/2024, dated 31.07.2024 and pass…”

2. Heard Sri Ramesh Kadari, learned counsel appearing for the petitioners, and learned Government Pleader for Services-I appearing on behalf of the respondents.

3. Learned counsel for the petitioner submits that while the petitioner was working as Lecturer in Computer Engineering at Durgabai Deshmukh Government Women’s Technical Training Institute, Hyderabad, the Government undertook General Transfers- 2024, in accordance with the guidelines prescribed in G.O.Rt.No.118 dated 15.07.2024. Accordingly, the petitioner participated in the transfer counseling and exercised her preferences with Government Polytechnic, Nalgonda, and Government Polytechnic Women, Suryapet, as her first and second preferences, while Government Polytechnic, Gadwal as her last preference. However, in contravention of paragraph 6 of G.O.Rt.No.118 dated 15.07.2024, which stipulates that women should be given preference over men, respondent No.2 has transferred two male candidates to Government Polytechnic Women, Suryapet, and posted the petitioner at her last opted place, i.e., Government Polytechnic, Gadwal, vide impugned proceedings dated 31.07.2024, which is wholly illegal, arbitrary, unjust, and violative of principles of natural justice and the Guidelines issued in G.O.Rt.No.118 dated 15.07.2024. Therefore, learned counsel prays this Court to set aside the impugned proceedings dated 31.07.2024, with a direction to the respondents to effect the petitioner’s transfer to Government Polytechnic Women, Suryapet, as per her entitlement.

4. Per contra, learned Government Pleader submits that respondent No.1 issued G.O.Rt.No.118 dated 15.07.2024, framing the operational guidelines for General Transfers-2024 in respect of respondent No.2-Department and the Departments of Collegiate and Intermediate Education, specifying the compulsory transfer of employees who have completed five years and above of service at a particular station as on 30.06.2024. As such, since the petitioner completed ten years, eight months and nine days of service at the same station, she applied for transfer through web counseling and submitted her options. As per the guidelines, the petitioner had secured (11) entitlement points and stood at Sl.No.17 out of the (20) applicants for General Transfer of Computer Science and Engineering Branch in Multi Zone-II. Accordingly, the petitioner was transferred and posted at respondent No.4 Institution, which is her sixth preferred option. Hence, the impugned proceedings are neither illegal nor arbitrary.

5. It is further submitted that as per paragraph 6 of the Guidelines issued in G.O.Rt.No.118 dated 15.07.2024, the order of preference of posting at women institutions shall be women/male above (50) years of age/male between 45-50 years of age/others, but it is nowhere mentioned in the said Guidelines that only women faculty shall be posted at women Institutions, and only a privilege was granted to the women faculty, provided they stand in the merit over the men in the entitlement points. It is submitted that a total of (6) women faculty, including the petitioner herein, participated in the transfer counseling and the petitioner s