Kerala High Court
Dr.Sukanya.S. Nair vs The State Of Kerala on 13 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:33523
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. 40892 OF 2024
PETITIONER:
DR.SUKANYA.S. NAIR
AGED 37 YEARS, W/O. VIPINBABU,
ASSISTANT PROFESSOR (ECONOMICS),
N.S.S. COLLEGE, CHERTHALA,
RESIDING AT 'REVATHY', PERINGANAD.P.O.,
ADOOR, PATHANAMTHITTA, PIN - 691551.
BY ADVS.
K.R.GANESH
ELVIN PETER P.J. (SR.)
GOURI BALAGOPAL
SREELEKSHMI A.S.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, ANNEX-II, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION,
VIKASBHAVAN, THIRUVANANTHAPURAM, PIN - 695003.
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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, ERNAKULAM, PIN - 682013.
4 THE MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI
HILLS, ATHIRAMPUZHA, KOTTAYAM, PIN - 686560.
5 THE UNIVERSITY OF KERALA,
REPRESENTED BY ITS SECRETARY,
SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695034.
6 THE SECRETARY,
N.S.S. COLLEGES CENTRAL COMMITTEE,
N.S.S. HEAD OFFICE, CHANGANASSERY,
PIN - 686102.
7 THE PRINCIPAL,
N.S.S. HINDU COLLEGE, CHANGANASSERY,
PIN - 686102.
ADDL.R8 KRISHNAPRIYA. K.
ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS,
S.V.R. N.S.S. COLLEGE, VAZHOOR,
KOTTAYAM - 686505.
ADDL.R9 SHYAMA MURALIDHARAN,
ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS,
S.V.R. N.S.S. COLLEGE, VAZHOOR,
KOTTAYAM - 686505.
ADDL.R10 ANISHKUMAR.P.T. ,
ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS,
N.S.S. HINDU COLLEGE, CHANGANASSERY,
KOTTAYAM - 686102.
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(ADDITIONAL R8 TO R10 IMPLEADED AS PER ORDER
DATED 29.01.2025 IN IA 1/25 IN WPC)
BY ADVS.
SRI.TONY AUGUSTINE, GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE
SRI.THOMAS ABRAHAM
SRI.R.T.PRADEEP
SRI.P.BIJIMON
SMT.M.BINDUDAS
SRI.NIRANJAN T. PRADEEP
SRI.BINNY THOMAS
SRI.P.SREEKUMAR (SR.)
SMT.HELEN P.A.
SRI.ATHUL ROY
SRI.INDRAJITH DILEEP
SMT.AMALA ANNA THOTTUPURAM
SRI.ABHILASH T.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 04.03.2025, ALONG WITH WP(C).41930/2024, THE
COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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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. 41930 OF 2024
PETITIONER:
SECRETARY
NSS COLLEGE CENTRAL COMMITTEE,
NSS HEAD OFFICE, PERUNNAI.P.O.,
CHANGANACHERRY, KOTTAYAM DISTRICT,
PIN - 686102.
BY ADVS.
R.T.PRADEEP
V.VIJULAL
P.BIJIMON
M.BINDUDAS
NIRANJAN T. PRADEEP
RESPONDENTS:
1 PRINCIPAL SECRETARY
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION,
VIKASBHAVAN, THIRUVANANTHAPURAM, PIN - 695003.
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3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE
EDUCATION, ERNAKULAM, PIN - 682013.
4 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI
HILLS, ATHIRAMPUZHA, KOTTAYAM, PIN - 686560.
5 UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR,
UNIVERSITY CAMPUS, PALAYAM.P.O.,
THIRUVANANTHAPURAM, PIN - 695033.
6 DR. SUKANYA.S. NAIR
ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS,
N.S.S. COLLEGE, CHERTHALA, ALAPPUZHA,
PIN - 688524.
BY ADVS.
SRI.TONY AUGUSTINE, GOVERNMENT PLEADER
SRI.THOMAS ABRAHAM
SRI.SURIN GEORGE IPE, STANDING COUNSEL
SRI.K.G.GANESH
SMT.GOURI BALAGOPAL
SMT.SREELEKSHMI A.S.
SMT.ANAMIKA M.J.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 04.03.2025, ALONG WITH WP(C).40892/2024, THE
COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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W.P.(C) Nos.40892 & 41930 of 2024
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N. NAGARESH, J.
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W.P.(C) Nos.40892 and 41930 of 2024
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Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
W.P.(C) No.40892/2024 has been filed by the
petitioner who is working as Assistant Professor
(Economics), NSS College, Cherthala. The petitioner is
aggrieved by Ext.P2 order dated 23.09.2023 whereby the
petitioner is transferred from NSS Hindu College,
Changanassery under the MG University to the NSS College
Cherthala under the Kerala University.
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2. The 6th respondent-NSS Colleges Central
Committee is a corporate educational agency. After a due
selection process, the petitioner was appointed as Assistant
Professor (Economics) by the 6th respondent in NSS Hindu
College, Changanassery as per Ext.P1 appointment order
dated 01.03.2018. The petitioner joined service on
05.03.2018. The probation of the petitioner was declared.
3. While so, the 6th respondent issued Ext.P2
order transferring the petitioner from NSS Hindu College,
Changanassery to NSS College, Cherthala. The petitioner
states that the transfer is illegal. In Ext.P2 transfer order, it is
stated that the total workload of Economics Department is
125 hours and nine Teachers are working. Seven Teachers
are having 16 hours workload, one Teacher is having 13
hours and the 9th Teacher is continuing without any workload.
Pursuant to Ext.P2 transfer order, the petitioner was relieved
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from NSS Hindu College, Changanassery with effect from
23.09.2023 with instructions to report for duty at the due
station, as per Ext.P3.
4. The petitioner states that Ext.P2 order is
illegal to the extent it ordered transfer of the petitioner from
NSS Hindu College, Changanassery to NSS College,
Cherthala. Section 68 of the MG University Act, 1985
provides that where an educational agency has Colleges
under the jurisdiction of the Mahatma Gandhi University and
also under the jurisdiction of the Kerala University or the
Calicut University, the educational agency shall within three
months of commencement of this Act or within such period,
not exceeding three months, as may be granted by the
Government, prepare a seniority list of the Teachers of all
such Colleges. Sub-section (4) of Section 68 mandates that
where a Teacher is allotted to a University area under the
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Section, he shall not be transferred to a College affiliated to
any other University.
5. It is therefore clear that for effecting inter
University transfer, the educational agency shall prepare a
seniority list of Teachers and the Teachers have a right to
option. Ext.P2 order is therefore unsustainable. In the case
of the petitioner, due to the illegal transfer effected, the
petitioner became the juniormost Teacher in the seniority list
in the Economics Department of NSS College, Cherthala.
6. The 5th respondent-University of Kerala filed
a statement. The 5th respondent also relied on Section 64A
of the Kerala University Act which provides that transfer shall
be made only on the written request of the Teachers who has
completed three years of service.
7. The 2nd respondent-Director of Collegiate
Education filed a counter affidavit pointing out that the
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Manager has not relied upon seniority list while effecting inter
University transfer. The Manager has not obtained options
from Teachers while effecting the inter University transfer.
There was unnecessary haste and total violation of relevant
provisions of Section 68A of the Mahatma Gandhi University
Act, 1985 and the University Statutes made thereunder.
8. W.P.(C) No.41930/2024 is filed by the
Secretary, NSS College Central Committee. The said
educational agency submitted that the Government as well
as the Universities compelled them to adhere to workload
and directed that the Teachers continuing on supernumerary
basis shall be redeployed to substantive vacancies having
sufficient workload. The petitioner in W.P.(C) No.40892/2024
was redeployed to NSS College, Cherthala for the said
reason.
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9. The counsel for the educational agency
submitted that what is effected in respect of the petitioner is
only a redeployment to adjust work load and it cannot be
treated as transfer. The Government has issued Ext.P10
order dated 12.08.2024 directing that the transfer of the
petitioner to NSS Hindu College, Cherthala is illegal, it should
be cancelled and the petitioner should be retained at NSS
Hindu College, Changanassery. The said Ext.P10 order has
been passed without notice to the petitioner.
10. The counsel for the educational agency
urged that the redeployment of the 6th respondent from NSS
Hindu College, Changanassery to NSS College, Cherthala is
to subserve the workload in terms of Exts.P2 and P3 and in
accordance with the Statute of the Mahatma Gandhi
University. That will not come under the purview of inter
University transfer as envisaged under Section 64A(i) of the
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Kerala University Act. The educational agency has a right to
redeploy the petitioner to subserve workload in their Colleges
under different Universities.
11. I have heard the learned counsel for the
petitioner in W.P.(C) No.40892/2024, the respective Standing
Counsel appearing for the University of Kerala and the
Mahatma University, the learned Government Pleader
representing the Deputy Director of Collegiate Education and
the learned counsel appearing for the educational agency.
12. The petitioner in W.P.(C) No.40892/2024
was working as Assistant Professor (Economics) in NSS
Hindu College, Changanassery. By Ext.P2 order dated
23.09.2023, the petitioner has been transferred to the NSS
College, Cherthala. The NSS Hindu College,
Changanassery is under the MG University whereas the NSS
College, Cherthala is within the territorial limits of the
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University of Kerala.
13. Section 68 of the MG University Act, 1985
deals with transfer of Teachers to other Universities. Section
68 provides that after preparation of seniority list of Teachers
under sub-section (1) of Section 68, an educational agency
shall give a right of option to the Teachers as to the
University under the jurisdiction of which he opts to remain
and the Teachers shall be allotted to each University area in
accordance with such option. Sub-section (4) of Section 68
provides that where a Teacher is allotted to a University area,
he shall not be transferred to a College affiliated to any other
University.
14. The provision would indicate that the MG
University Act, 1985 gives a right to the Teachers to work in
the Colleges falling within the area of Mahatma Gandhi
University. Section 68 prohibits unilateral transfer of
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Teachers to a College affiliated to any other University.
Similarly, Section 64A of the Kerala University Act, 1974 also
mandates that inter University transfers of Teachers shall be
made only on the written request of the Teacher who has
completed three years of service and that transfer shall be
made only once during the entire period of service of a
Teacher.
15. In W.P.(C) No.34296/2017, this Court has
held that a inter University transfer ordered without getting
consent of the petitioner therein is illegal. In RP
No.1048/2017 arising from the said judgment, this Court held
that the provisions contained in Clause 1 of Section 68A of
the Mahatma Gandhi University Act, 1985 does not provide
for a transfer in exigency of service in violation of the said
provision.
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16. For all the afore reasons, the contention of
the educational agency that transfer imposed on the
petitioner is not a transfer but only a redeployment cannot
stand the scrutiny of law.
W.P.(C) No.40892/2024 is therefore
disposed of quashing Ext.P2 order to the extent it ordered
transfer of the petitioner from NSS Hindu College,
Changanassery to NSS College, Cherthala. Respondents 2,
3 and 6 are directed to abide by Ext.P4 order, by posting the
petitioner as Assistant Professor in the Department of
Economics at NSS Hindu College, Changanassery. W.P.(C)
No.41930/2024 filed by the educational agency is dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/22.04.2025
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APPENDIX OF WP(C) 40892/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER NO.
F/1340/2018 DATED 01.03.2018 ISSUED BY
THE 6TH RESPONDENT APPOINTING THE
PETITIONER ASSISTANT PROFESSOR
(ECONOMICS).
EXHIBIT P2 TRUE COPY OF THE TRANSFER ORDER NO.
E/4710/2023 DATED 23.09.2023 ISSUED BY
THE 6TH RESPONDENT CORPORATE
EDUCATIONAL AGENCY TRANSFERRING THE
PETITIONER FROM NSS HIND COLLEGE,
CHANGANASSERY TO NSS COLLEGE,
CHERTHALA.
EXHIBIT P3 TRUE COPY OF THE ORDER NO. G1/230/2023
DATED 25.09.2023 ISSUED BY THE 7TH
RESPONDENT RELIEVING THE PETITIONER
FROM NSS HINDU COLLEGE, CHANGANASSERY.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.F3/197/2023-
HEDN. DATED 12.08.2024 ISSUED BY THE
1ST RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED
07.11.2017 IN W.P.(C) NO. 34296/2017
OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
01.12.2017 IN R.P. NO. 1048/2017 IN
W.P.(C) NO. 34296/2017 OF THIS HON'BLE
COURT.
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W.P.(C) Nos.40892 & 41930 of 2024
APPENDIX OF WP(C) 41930/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF WORKLOAD FOR THE YEAR
2023-2024 ON THE BASIS OF STUDENTS
STRENGTH AS ON 4.9.2023 IN ECONOMICS
DEPARTMENT OF N.S.S. HINDU COLLEGE,
CHANGANACHERRY
Exhibit P2 TRUE COPY OF ORDER
NO.D2/420/2021/H.EDN.DEPT DATED
21.3.2023 BY WHICH GOVERNMENT
PERMITTED TRANSFER OF TEACHERS IN
AIDED COLLEGES ONLY BY SUBSERVING
WORKLOAD
Exhibit P3 TRUE COPY OF LETTER NO.85695/AC B1-
1/2023/GENERAL TA DATED 21.8.2023 BY
MAHATMA GANDHI UNIVERSITY TO
PETITIONER
Exhibit P4 TRUE COPY OF ORDER NO.E/4710/2023
DATED 23.9.2023 REDEPLOYING THE 6TH
RESPONDENT FROM N.S.S. HINDU COLLEGE
CHANGANACHERRY TO N.S.S. COLLEGE,
CHERTHALA BY PETITIONER
Exhibit P5 TRUE COPY OF WORKLOAD OF 118 HOURS IN
COMMERCE DEPARTMENT OF N.S.S. HINDU
COLLEGE, CHANGANACHERRY AS ON 5.9.2024
FOR THE ACADEMIC YEAR 2024 TO 2025
Exhibit P6 TRUE COPY OF TIMETABLE OF COMMERCE
DEPARTMENT IN N.S.S. HINDU COLLEGE,
CHANGANACHERRY SHOWING THE WORKLOAD OF
ANEESH KUMAR P.T. AS 6 HOURS DATED
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5.9.2024
Exhibit P7 TRUE COPY OF COMMUNICATION DATED
1.4.2024 FROM 3RD RESPONDENT TO THE
PRINCIPAL OF THE N.S.S. COLLEGE,
CHERTHALA
Exhibit P8 TRUE COPY OF ORDER NO.F3/197/2023-HEDN
DATED 24.5.2024 FROM 1ST RESPONDENT TO
UNIVERSITY OF KERALA
Exhibit P9 TRUE COPY OF EXPLANATION
NO.I/1420/2024 DATED 19.4.2024 FROM
PETITIONER TO 5TH RESPONDENT AS REGARD
THE REDEPLOYMENT OF 6TH RESPONDENT
Exhibit P10 TRUE COPY OF ORDER NO.F3/197/2023-HEDN
DATED 12.8.2024 BY 1ST RESPONDENT TO
3RD RESPONDENT
Exhibit P11 TRUE COPY OF COMMUNICATION
NO.D3/47041/2023/DCF DATED 16.8.2024
FROM 3RD RESPONDENT TO PETITIONER
Exhibit P12 TRUE COPY OF REPLY NO.E/3865/2024
DATED 9.9.2024 FROM PETITIONER TO 3RD
RESPONDENT EXPRESSING THE INABILITY TO
IMPLEMENT EXHIBIT-P10
RESPONDENT'S ANNEXURES
Annexure R 5[a] TRUE COPY OF THE GOVERNMENT ORDER
NO.GO(MS) 155/2020/HEDN DATED
01/04/2020
Annexure R5[b] THE TRUE COPY OF THE GOVERNMENT ORDER
NO.GO(MS) 313/2020/HEDN DATED
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11/09/2020
Annexure R 5[c] TRUE COPY OF THE LETTER NO.
ACFII/19438/2024 DATED 04/04/2024
Annexure R 5[d] TRUE COPY OF THE LETTER NO.
ACFII/19438/2024 DATED 17/05/2024
