Dr.K.Jayaprasad vs The Central University Of Kerala
2021 Latest Caselaw 3878 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                  WP(C).No.26812 OF 2020(B)

PETITIONER :-

            DR.K.JAYAPRASAD, AGED 60 YEARS
            S/O.V.KUTTAPPAN,
            PROFESSOR & HEAD OF THE DEPARTMENT,
            DEPARTMENT OF INTERNATIONAL RELATIONS & POLITICS,
            CENTRAL UNIVERSITY OF KERALA, THEJASWINI HILLS,
            PERYE P.O, KASARAGOD - 671316,
            RESIDING AT NARAYANEEYAM, B-6, AMRUTHA NAGAR,
            PAPPANAMKODE P.O, THIRUVANANTHAPURAM - 695 018.
            PH : 9447784857

            BY ADVS.
            SRI.ELVIN PETER P.J.
            SRI.K.R.GANESH

RESPONDENTS :-

      1     THE CENTRAL UNIVERSITY OF KERALA
            REPRESENTED BY ITS REGISTRAR, THEJASWINI HILLS,
            PERYE P.O, KASARAGOD - 671 316.

      2     THE REGISTRAR
            CENTRAL UNIVERSITY OF KERALA, THEJASWINI HILLS,
            PERYA P.O, KASARAGOD - 671316.

      3     THE VICE CHANCELLOR
            CENTRAL UNIVERSITY OF KERALA, THEJASWINI HILLS,
            PERYE P.O, KASARAGOD - 671 316.

      4     DR. PRASANNA KUMAR P.C
            ASSOCIATE PROFESSOR AND HEAD, CAPITAL CENTRE,
            CENTRAL UNIVERSITY OF KERALA, THIRUVANANTHAPURAM.

            BY SRI.V.SAJITH KUMAR, SC, CENTRAL UNIVERSITY OF
            KERALA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-02-2021, THE COURT ON 03-02-2021 DELIVERED THE
FOLLOWING:
 WP(C).No.26812 OF 2020(B)

                                   -: 2 :-




                               JUDGMENT

Dated this the 3rd day of February, 2021

This writ petition is filed raising a challenge against Ext.P4

order of transfer, by which, the petitioner, who is a Professor and

Head of the Department of International Relations and Politics in

the respondent University as well as the Dean of the School of

Global Studies of the University, has been transferred from the

Head Quarters of the University at Perye in Kasaragod District to

the Capital Centre at Thiruvananthapuram with immediate effect.

The Associate Professor and the Head of the Capital Centre is

transferred to the Head Quarters.

2. The learned counsel for the petitioner submits that as is

evident from the impugned order, the petitioner is the Head of the

Department and Dean, which posts are available at the University

Centre at Perye. It is submitted that there is no post of Professor

available at the Capital Centre at Thiruvananthapuram and that the

Capital Centre has only an undergraduate department in

International Relations which is to be headed by an Associate

Professor. It is contended that the order of transfer is arbitrary,

illegal and completely unjustifiable.

WP(C).No.26812 OF 2020(B)

3. A statement has been placed on record by respondents 1

to 3. It is contended therein that the petitioner had been appointed

as Associate Professor in the University on the specific condition

that he would be bound to undertake other academic and

administrative responsibilities as assigned from time to time. It is

stated that it was in order to utilise the administrative and

academic experience of a senior professor and to strengthen the

Capital Centre at Thiruvananthapuram that the petitioner had been

transferred from the University Head Quarters to the Capital

Centre. It is stated that the University has been taking steps to get

sanction for a regular post of Professor at the Capital Centre and

the transfer is only till appointment of a regular professor in

Thiruvananthapuram. It is stated that the petitioner will be able to

carry out his guidance to research scholars from

Thiruvananthapuram also. It is further stated that the petitioner's

term as Head of the Department and his position as Dean as well

as research guide for the Ph.D scholars will stand undisturbed by

the transfer. It is submitted that Ext.P4 is purely administrative

and is issued taking note of the administrative exigencies of the

University.

4. A reply affidavit has also been placed on record by the

petitioner. It is stated that there is no denial of the specific WP(C).No.26812 OF 2020(B)

contention of the petitioner that there is no post of Professor at

Thiruvananthapuram and that there is no requirement of a

Professor at the undergraduate centre at Thiruvananthapuram. It

is stated that the order of transfer is, therefore, vitiated by malice

in law.

5. I have considered the contentions advanced. The

petitioner has raised specific contentions that he has been

appointed as Professor and Head of the Department of

International Relations and Politics as also the Dean of the School

of Global Studies in the University. It is evident from Ext.P3 that

the petitioner has been nominated as Head of the Department for

three years from 8.2.2019. The statement filed by the respondents

also admits that there is no post of Professor in International

Relations and Politics available in the Capital Centre at

Thiruvananthapuram. The respondents also have no case that

there is no Associate Professor available in the University to be

posted at the Capital Centre. In the above factual situation, I am of

the opinion that the contention taken by the respondents that

Ext.P4 is an order passed in administrative exigencies cannot be

accepted. In the absence of a post of Professor at

Thiruvananthapuram, the action taken to transfer the petitioner to

Thiruvananthapuram, especially in view of the fact that the WP(C).No.26812 OF 2020(B)

transfer is said to be only till a regular Professor is appointed at

Thiruvananthapuram, is completely unjustified and unsustainable.

In the result, the writ petition is allowed. Ext.P4 order of

transfer to a non-existent post is set aside. The petitioner will be

permitted to continue at the University Centre at Perye.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/1.2.2021 WP(C).No.26812 OF 2020(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO. CUK/R/T & NT/2014/VOL-II DATED 09.11.2015 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.CUK/ET/PF-74/K/2015 DATED 24.05.2017 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.CUK/ACA/71/12/1685 DATED 02.02.2019 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.CUK/ET/PF-74/KJ/2015 (PT) G-2389 2389 DATED 25.11.2020 ISSUED BY THE 1ST RESPONDENT UNIVERSITY.

EXHIBIT P5 TRUE COPY OF COMMUNICATION F.No.1-1/2013/(CU)/VoL-

XVII DATED 08/03/2019 ISSUED BY THE UGC TO THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDINANCE No.4(2)(b) ISSUED BY THE 1ST RESPONDENT CENTRAL UNIVERSITY OF KERALA.

//TRUE COPY//

P.A. TO JUDGE