Kerala High Court
Dr. Sangetha S vs State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33518
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 11018 OF 2025
PETITIONER:
DR. SANGETHA S
AGED 38 YEARS, W/O.GIREESH NADARAJAN,
ASST PROFESSOR, DB PAMBA COLLEGE, PARUMALA,
PATHANAMTHITTA DISTRICT 689 626 RESIDING AT
GEETHA BHAVAN, GOVT ITI JUNCTION, CHENGANNUR,
ALAPPUZHA DISTRICT, PIN - 689121.
BY ADVS.
SRI.KALEESWARAM RAJ
SMT.THULASI K. RAJ
SMT.CHINNU MARIA ANTONY
SMT.APARNA NARAYAN MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
THE GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE VICE CHANCELLOR
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS, ATHIRAMPUZHA,
KOTTAYAM, PIN - 686562.
3 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
2025:KER:33518
W.P.(C) No.11018/2025
:2:
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS, ATHIRAMPUZHA,
KOTTAYAM, PIN - 686562.
4 THE PRINCIPAL
DEVASOM BOARD, PAMBA COLLEGE, PARUMALA
PATHANAMTHITTA DISTRICT, PIN - 689626.
5 DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033.
6 CORPORATE MANAGER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
KAWADIAR P.O. THIRUVANANTHAPURAM,
PIN - 695003.
7 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY,
DEVASWOM HEAD QUARTERS, NANDANCODE,
THIRUVANANTHAPURAM, PIN - 695003.
8 AJITHA. D
AGE NOT KNOWN TO PETITIONER, ASSISTANT
PROFESSOR (BOTANY), DB PAMBA COLLEGE,
PARUMALA, PATHANAMTHITTA, PIN - 689626.
9 JINCY
AGE NOT KNOWN TO PETITIONER, ASSISTANT
PROFESSOR (BOTANY), DB PAMBA COLLEGE,
PARUMALA, PATHANAMTHITTA, PIN - 689626.
10 PRINCIPAL
SANKUPILLAI MEMORIAL DB COLLEGE SASTHAMKOTTA,
KUMBA KOLLAM, PIN - 695521.
11 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGE
EDUCATION, KOTTAYAM, PIN - 686001.
2025:KER:33518
W.P.(C) No.11018/2025
:3:
BY ADVS.
SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE, STANDING COUNSEL
SRI.G.BIJU, STANDING COUNSEL
SMT.SEEMANDINI, (SR)
SRI.ANISON M.R
SRI.R.S.LAKSHMAN
SRI.P.VIJAYAKUMAR PUTHIYAKOVILAKOM
SRI.C.R.REGHUNATHAN
SRI.M.V.ASHIM
SRI.B.HARRYLAL
SRI.R.BALAKRISHNAN
SMT.P.A.RINUSA
SMT.ANNIE JACOB
SMT.DONA MARGRET P.R.
SMT.ANAGHA RENJITH V.R.
SMT.M.U.SOORYA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 11.04.2025, THE COURT ON 13.05.2025 DELIVERED
THE FOLLOWING:
2025:KER:33518
W.P.(C) No.11018/2025
:4:
CR
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.11018 of 2025
`````````````````````````````````````````````````````````````
Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
The petitioner is before this Court aggrieved
by Ext.P4 order transferring the petitioner from DB Pampa
College, Parumala under the Mahatma Gandhi University to
DB College, Sasthamcotta under the Kerala University.
2. The petitioner was appointed as Assistant
Professor (Botany) at DB Pampa College, Parumala with
effect from 09.11.2017, as per Ext.P1. The petitioner states
that in order to accommodate the 9 th respondent, who is the
2025:KER:33518
juniormost in comparison to the petitioner, as Assistant
Professor (Botany) at the DB Pampa College, Parumala, the
petitioner has been transferred from DB Pampa College,
Parumala to DB College, Sasthamcotta. Ext.P4 would show
that the transfer is caused due to the illegal appointment of
the 9th respondent.
3. The petitioner states that approval was
declined to the appointment of the 9 th respondent on the
ground that there exists an additional permanent Teacher in
the Department of Botany at DB College, Thalayolaparambu,
whose workload is less than 16 hours. Due to lack of
sufficient workload, the 8th respondent requested a re-transfer
to DB Pampa College, Parumala. But, the 9 th respondent
was appointed in DB Pampa College, Parumala. Until the 9 th
respondent's appointment receives approval, she cannot be
transferred. Therefore, the 8th respondent was transferred
2025:KER:33518
back to DB Pampa College, Parumala. Consequently, the
petitioner has been imposed with a inter University transfer to
DB College, Sasthamcotta.
4. The petitioner states that as per Section 68A
of the Mahatma Gandhi University Act, inter university
transfer shall be made only on the written request of the
Teacher who has completed three years of service. In the
petitioner's case, the transfer is ordered without obtaining
consent of the petitioner. Ext.P4 order is necessitated due to
the illegal appointment granted to the 9 th respondent. The
transfer order is vitiated by malice. The transfer imposed
undue hardship on the petitioner. Therefore, Ext.P4 order
should be quashed, contends the petitioner.
5. The 6th and 7th respondents filed counter
affidavit. Respondents 6 and 7 submitted that on 14.05.2018,
the 8th respondent requested for a transfer from DB Pampa
2025:KER:33518
College, Parumala to DB College, Thalayolaparambu. The
8th respondent was transferred to Thalayolaparambu.
Thereafter, the 9th respondent was selected and appointed in
DB Pampa College, Parumala. The Deputy Director of
Collegiate Education refused to approve the appointment of
the 9th respondent on the ground that there is one excess
permanent teaching staff at DB College, Thalayolaparambu.
6. In the meanwhile, the 8th respondent sought
for transfer from DB College, Thalayolaparambu to DB
Pampa College, Parumala. As the 8 th respondent is senior to
the petitioner, the 7th respondent transferred the 8th
respondent to DB Pampa College, Parumala and the
petitioner was transferred to DB College, Sasthamcotta.
There is no illegality or irregularity in the order of transfer.
7. The 8th respondent submitted that she is
settled at Thripunithura and she had to shift her residence to
2025:KER:33518
Thripunithura to take care of her aged mother. The 8 th
respondent was originally selected and appointed at DB
Pampa College, Parumala with effect from 11.06.2015. At
the request of the petitioner, she was given a transfer to DB
College, Thalayolaparambu. However, on eventual
revaluation after the introduction of new syllabus, the
workload will go above 48 hours justifying the appointment of
the petitioner at Thalayolaparambu. To protect the interest of
the 9th respondent, it was necessary that one Teacher in
Botany working at DB College, Thalayolaparambu be
transferred out. The 8th respondent being the juniormost
Teacher, offered her willingness for transfer to DB Pampa
College, Parumala. Thereupon, Ext.P4 order was issued.
The 8th respondent joined DB Pampa College, Parumala on
17.03.2025 even before this writ petition was filed. The writ
petition is without any merit.
2025:KER:33518
8. Counsel for the petitioner relied on a
judgment of this Court in W.P.(C) No.34296/2017 wherein
this Court held that in view of Section 68A of the Mahatma
Gandhi University Act, 1985, an inter university transfer can
be ordered only on getting consent from the Teacher. The 9 th
respondent, on the other hand, relied on the judgment of the
Hon'ble Apex Court in Pubi Lombi v. State of Arunachal
Pradesh [2024 KHC 6135] and argued that a person
challenging the transfer ought to prove on facts that such
transfer is prejudicial to public interest. Interference in
transfer order is justified only in a case of malafide or
infraction of any professed norms or principles. In cases
where career prospects of a person challenging transfer
remain unaffected and no detriment is caused, interference
with the transfer must be eschewed.
2025:KER:33518
9. The Standing Counsel representing the
Devaswom Board relied on the judgment of this Court in
Johnson George v. State of Kerala [2003 (2) KLT 676]
wherein it was held that transfer of a Teacher from a College
under a particular Management affiliated to a particular
University to a College under a different Management
affiliated to a different University is permissible and the
Managers have got the basic right to transfer the staff, for
transfer is an incidence service.
10. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1, 5 and 11, the respective Standing Counsel
appearing for respondents 2 to 4, 6, 7 and 10 and the learned
counsel appearing for respondents 8 and 9.
11. The petitioner was working as Assistant
Professor (Botany) in DB Pampa College, Parumala within
2025:KER:33518
the territorial limits of the Mahatma Gandhi University from
09.11.2017. The petitioner was transferred to DB College,
Sasthamcotta under the limits of the Kerala University on
14.03.2025. It is not in dispute that the transfer effected as
per Ext.P4 is a inter university transfer.
12. Section 68A of the Mahatma Gandhi
University Act, 1985 provides that inter university transfer of
Teachers shall be made only on the written request of the
Teacher who has completed three years of service. The
petitioner has not made any request for any inter university
transfer. Therefore, Ext.P4 is illegal. Ext.P4 transfer order
has serious consequences. The petitioner will become the
juniormost Teacher in the transferred station. As Section 68A
provides that an inter university transfer can be given only
once during the entire period of service of a Teacher, it would
be legally impossible for the petitioner to come back to the
2025:KER:33518
home station. Therefore, I am of the view that Ext.P4 cannot
stand the scrutiny of law.
13. The reliance placed by the Standing
Counsel for the Devaswom Board on the judgment in
Johnson George (supra) is of no consequence as the said
judgment was delivered without reference to Section 64A.
Paragraph 17 of the judgment in Johnson George (supra)
would indicate that the learned Single Judge also has taken a
view that right of the Management to effect inter university
transfers can be taken away by specific provisions in the
University Act. I am also not in a position to agree with the
proposition made by the Senior Counsel for the 9 th
respondent relying on Pubi Lombi (supra). In the said
judgment, the Hon'ble Apex Court has held that a person
challenging the transfer ought to prove on facts that such
transfer is prejudicial to public interest. In the case of the
2025:KER:33518
petitioner, the transfer order is in violation of a statutory
provision. Furthermore, in the judgment in W.P.(C)
No.34296/2017 this Court has held that transfer of Private
College Teachers to one University to another can be
ordered only with their consent as provided under Section
68A of the Mahatma Gandhi University Act.
14. For all the afore reasons, Ext.P4 order is not
legally sustainable. Ext.P4 order is therefore set aside.
Respondents 4, 6, 7 and 10 are directed to retain the
petitioner at DB Pampa College, Parumala under the
Mahatma Gandhi University.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/22.04.2025
2025:KER:33518
APPENDIX OF WP(C) 11018/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER BEARING ROC.
NO. 1235/13/COLL/BOTANY DATED
08.11.2017.
Exhibit P2 TRUE COPY OF THE WORKLOAD STATEMENT OF
SANCTIONED POSTS AND WORKLOAD IN AIDED
ARTS AND SCIENCE COLLEGES AS PER G.O.
(MS.) NO. 155/2020 DATED 01.04.2020
Exhibit P3 TRUE COPY OF THE WORKLOAD STATEMENT OF
SANCTIONED POST AND WORKLOAD IN AIDED
ARTS AND SCIENCE COLLEGES AS PER G.O.
(RT.) NO. 155/2020/HEDN DATED
01.04.2020.
Exhibit P4 TRUE COPY OF ORDER NO. ROC
8468/15/COLLEGE DATED 14.03.2025
ISSUED BY THE DEVASWOM BOARD.
Exhibit P5 TRUE COPY OF THE ORDER NO.
R.O.C.8468/15/COLLEGE DATED 19.03.2025
ISSUED BY THE 7TH RESPONDENT.
Exhibit P6 A TRUE COPY OF THE GOVERNMENT CIRCULAR
NO. F3/197/2023/DHE DATED 12.08.2024
ISSUED BY THE DEPARTMENT OF HIGHER
EDUCATION.
Exhibit P7 A TRUE COPY OF THE ATTENDANCE REGISTER
FOR THE MONTH OF MARCH, 2025.
RESPONDENTS' EXHIBITS
EXHIBIT R7(a) A TRUE COPY OF G.O.(MS) NO:
93/2018/H.EDN DATED 09.05.2018 2019
2025:KER:33518
EXHIBIT R7(b) A TRUE COPY OF THE ORDER OF TRANSFER
DATED 30.05.2019
EXHIBIT R7(c) A TRUE COPY OF THE APPROVAL VIDE
LETTER NO. D2/344/2022/H. EDN ISSUED
BY THE 7TH RESPONDENT
EXHIBIT R7(d) A TRUE COPY OF THE LETTER NO: ROC
NO.8468/15/COLL./BOTANY DATED
01.06.2023
EXHIBIT R7(e) A TRUE COPY OF THE LETTER DATED
05.06.2024 BEING LETTER NO: 4771/AC B
2/2024/MGU
EXHIBIT R7(f) A TRUE COPY OF THE LETTER NO:
DDKTM/4479/2024-B2 DATED 28.12.2024
REFUSING TO APPROVE THE APPOINTMENT OF
9TH RESPONDENT
EXHIBIT R7(g) A TRUE COPY OF THE LETTER DATED
14.02.2025 SENT BY THE PRINCIPAL, DB
PAMPA COLLEGE TO THE 7TH RESPONDENT
EXHIBIT R7(h) A TRUE COPY OF THE LETTER NO.
E1/01/2025 DATED 03.01.2025 ISSUED BY
PRINCIPAL, DB COLLEGE,
THALAYOLAPARAMBU TO THE 7TH RESPONDENT
EXHIBIT R7(i) A TRUE COPY OF THE EMAILS DATED
17.03.2025 EXCHANGED BETWEEN
PETITIONER AND THE 4TH RESPONDENT
EXHIBIT R7(j) A TRUE COPY OF THE EMAIL DATED
17.03.2025 ADDRESSED BY THE PETITIONER
TO THE 7TH RESPONDENT
EXHIBIT R7(k) A TRUE COPY OF THE POSTAL RECEIPT OF
2025:KER:33518
THE SAID DISPATCH
EXHIBIT R7(l) A TRUE COPY OF THE POSTAL TRACKING
REPORT
Exhibit R7(m) TRUE COPY OF THE JOINING LETTER DATED
17.03.2025 OF THE 8 TH RESPONDENT DULY
ACCEPTED BY THE 4 TH RESPONDENT
PRINCIPAL
Exhibit R7(n) TRUE COPY OF THE EMAIL DATED
25.03.2025 SENT BY THE PETITIONER TO
THE 7 TH RESPONDENT
Exhibit R7(o) TRUE COPY OF THE G.O. (MS.) NO.
155/2020/HEDN DATED 01.04.2020 ISSUED
BY HIGHER EDUCATION (D) DEPARTMENT
Exhibit R7(p) TRUE COPY OF G.O.(MS.) NO.
313/2020/HEDN DATED 11.09.2020 ISSUED
BY THE HIGHER EDUCATION (D) DEPARTMENT
Exhibit R7(q) TRUE COPY OF G.O. (ORDINARY) NO.
273/2024/HEDN DATED 26.02.2024
Exhibit R8(a) TRUE COPY OF THE TRANSFER ORDER DATED
30.05.2019
Exhibit R8(b) TRUE COPY OF THE WRITTEN CONSENT
OFFERED BY THIS RESPONDENT FOR BEING
TRANSFERRED TO DB PAMBA COLLEGE
Exhibit R8(c) TRUE COPY OF THE JOINING REPORT DATED
17/03/2025 FURNISHED BY THE 4TH
RESPONDENT TO THE 7TH RESPONDENT
