Kerala High Court
Thahsin Z.Hussain vs Calicut University on 23 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.2495 OF 2021(J)
PETITIONER:
THAHSIN Z.HUSSAIN
AGED 33 YEARS
D/O. ZAKKIR HUSSAIN, PATHODY HOUSE, PONNANI,
MALAPPURAM 679 577 (WORKING AS ASSISTANT PROFESSOR IN
ENGLISH IN MES COLLEGE, MAMBAD)
BY ADV. SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENTS:
1 CALICUT UNIVERSITY
REPRESENTED BY THE REGISTRAR, THENJIPPALAM,
CALICUT UNIVERSITY CAMPUS P.O, MALAPPURAM 673 635
2 THE VICE CHANCELLOR,
CALICUT UNIVERSITY, THENJIPPALAM,
CALICUT UNIVERSITY CAMPUS P.O, MALAPPURAM 673 635
3 THE CORRESPONDENT AND CHAIRMAN,
STANDING COMMITTEE ON MES, AIDED COLLEGE,
FGM WOMEN'S COLLEGE CAMPUS, IMA HALL ROAD,
NADAKKAVU, CALICUT 673 011
ADV. SRI.BABU KARUKAPADATH
ADV. SRI.P.C. SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, ALONG WITH WP(C).3688/2021(I), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.2495 & 3688 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.3688 OF 2021(I)
PETITIONER:
DR.NAJILA T.Y
AGED 43 YEARS
W/O. FAISAL K, THAVAYIL HOUSE,
PURANG P.O, PONNANI TALUK,
MALAPPURAM DISTRICT - 679584.
BY ADVS.
SRI.JAMSHEED HAFIZ
SMT.K.K.NESNA
RESPONDENTS:
1 CALICUT UNIVERSITY
REPRESENTED BY THE REGISTRAR, THENJIPPALAM,
CALICUT UNIVERSITY CAMPUS P.O,
MALAPPURAM DISTRICT - 679635.
2 THE VICE CHANCELLOR,
CALICUT UNIVERSITY, THENJIPPALAM,
CALICUT UNIVERSITY CAMPUS P.O,
MALAPPURAM DISTRICT - 679635.
3 THE CORRESPONDENT AND CHAIRMAN
STANDING COMMITTEE ON AIDED COLLEGE(CORPORATE
MANAGER OF MES COLLEGES), FGM WOMEN'S COLLEGE
CAMPUS, IMA HALL ROAD, NADAKKAVU, CALICUT - 673011.
ADV. SRI.BABU KARUKAPADATH
ADV. SRI.P.C. SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, ALONG WITH WP(C).2495/2021(J), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).Nos.2495 & 3688 OF 2021
3
JUDGMENT
[ WP(C).2495/2021, WP(C).3688/2021 ]
Dated this the 23rd day of March 2021
These writ petitions are with regard to transfer sought for by the
petitioners to the MES College, Ponnani. The petitioner in W.P.(C).
No.2495/2021 is an Assistant Professor in English presently working in
the MES College, Mampad. She claims transfer to the MES College,
Ponnani on the ground that she is a physically handicapped person
and that the provisions of Statute 72A read with Clause 7(xi) thereof
under Chapter 4A of the Calicut University First Statutes, 1979
provides for transfer of a person with disability to the home college as
a preferential right.
2. The petitioner in W.P.(C).No.3688/2021 is also an Assistant
Professor in English who is presently working at the MES Keveeyem
College, Valanchery. She has also sought transfer to the MES College,
Ponnani. She contends that she has the longest outstation service and
is therefore entitled to a transfer to the MES College, Ponnani on the
basis of the provisions of Statute 72A and specifically Clause 7(iii)
WP(C).Nos.2495 & 3688 OF 2021
thereof.
3. A counter affidavit has been placed on record by the Educational
Agency admitting the facts as pleaded by the petitioners herein. It is
contended that the petitioner in W.P.(C).No.3688/2021 has been
continuing for long years in outstation colleges and has made a
request for transfer to the MES College, Ponnani and the said request
is liable to be considered. With regard to the petitioner in W.P.(C).
No.2495/2021, it is not disputed that she is a person with disability and
that Ext.P5 order has been rendered by the University directing
effecting of general transfers as specified in Statute 72A(x) without
delay and to consider the request of the petitioner in pursuance to
Statute 72A read with Clause 7(xi) thereof. The learned standing
counsel for the Educational Agency further submits that due to the
Covid-19 situation, the general transfers are not being immediately
carried out in the colleges under the Educational Agency.
4. The learned counsel for the petitioner in W.P.(C).No.2495/2021
contends that in the light of Ext.P5, which is not been challenged
either by the Educational Agency or by any other teachers and in view
WP(C).Nos.2495 & 3688 OF 2021
of the admitted position that the petitioner is a physically challenged
person, the request of the petitioner in W.P.(C). No.2495/2021 is liable
to be considered in the first instance.
5. The learned counsel for the petitioner in W.P.(C).No.3688/2021
submits that the long years of service rendered by the petitioner in
outstation colleges is also liable to be taken into account and the
petitioner is liable to be granted a transfer, taking note of the
available vacancies in the MES College, Ponnani as also the requests
made by teachers of the MES College, Ponnani for transfer to other
colleges including the MES College, Kodungallur.
6. Having considered the contentions advanced on all sides, I am of
the opinion that since Ext.P5 has apparently become final, the same is
liable to be given effect to. Ext.P5 order of the University dated
15.10.2020 specifically directs the consideration of the claim of the
petitioner in W.P.(C).No.2495/2021, taking note of the preferential
claim as provided in Statute 72A Clause 7(xi). In the above view of the
matter, I am of the opinion that it is for the Educational Agency to
take an appropriate decision while the general transfers are being
WP(C).Nos.2495 & 3688 OF 2021
effected. The claim of the petitioner in W.P.(C).No.2495/2021 is to be
taken note of as a preferential claim since she is a physically
handicapped person and is eligible for the preference as provided in
the First Statutes. In case there are further vacancies in the post of
Assistant Professor in English in the MES College, Ponnani, the claim
of the petitioner in W.P.(C).No.3688/2021 for a transfer shall also be
considered taking note of the long years of outstation service
rendered by her. The request of other teachers for transfer out of MES
College, Ponnani shall also be considered by the Educational Agency
and appropriate orders shall be passed, in accordance with law,
without delay.
These writ petitions are ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C).Nos.2495 & 3688 OF 2021
APPENDIX OF WP(C) 2495/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DISABILITY CERTIFICATE
ISSUED BY THE MEDICAL BOARD DATED 8-5-2003
EXHIBIT P2 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER FOR A TRANSFER BEFORE THE THIRD
RESPONDENT DATED 4-2-2019
EXHIBIT P3 TRUE COPY OF THE REQUEST MADE BY THE
PETITIONER FOR A TRANSFER TO HER HOME
COLLEGE BEFORE THE THIRD RESPONDENT DATED
1-6-2020
EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE SECOND RESPONDENT
DATED 15-06-2020
EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE SECOND
RESPONDENT U.O NO. 9565/2020/ADMN DATED 15-
10-2020
EXHIBIT P6 TRUE COPY OF THE LETTER NO.MC/G1/PR 2019
DATED 1.1.2020 SENT TO THE THIRD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE PROFORMA FOR THE
DECLARATION OF COMPLETION OF PROBATION
DATED 1.1.2020
EXHIBIT P8 TRUE COPY OF THE IDENTITY CARD FOR PERSON
WITH DISABILITIES ISSUED BY DISTRICT SOCIAL
WELFARE OFFICER TO THE PETITIONER
EXHIBIT P9 TRUE COPY OF THE PASSBOOK ISSUED BY
DISTRICT SOCIAL WELFARE OFFICE MALAPPURAM
TO THE PETITIONER
EXHIBIT P10 TRUE COPY OF OFFICE MEMO NO.MES/AC/E
3394/21 DATED 19.2.2021 SENT BY THE
CORPORATE MANAGER MES AIDED COLLEGE
EXHIBIT P11 TRUE COPY OF THE REPLY TO THE MEMO SENT BY
THE PETITIONER TO THE CORPORATE MANAGER MES
AIDED COLLEGE DATED 25.2.2021
WP(C).Nos.2495 & 3688 OF 2021
RESPONDENT'S/S EXHIBITS:
ANNEXURE A A TRUE COPY OF THE WRITTEN NOTE SUBMITTED
BEFORE THE 2ND RESPONDENT ON 30/09/2020
ANNEXURE B A TRUE COPY OF THE REPLY DATED 31/10/2020
SUBMITTED BY THE CORPORATE MANAGER BEFORE
THE 2ND RESPONDENT ON RECEIPT OF EXHIBIT
P5, EXPLAINING THE SPECIAL CIRCUMSTANCES AS
TO WHY, GENERAL TRANSFER WAS NOT ORDERED
FOR THE ACADEMIC YEAR 2020/2021
WP(C).Nos.2495 & 3688 OF 2021
APPENDIX OF WP(C) 3688/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 06.03.2020
RESPONDENT'S/S EXHIBITS: NIL
