Kerala High Court
Secretary vs Principal Secretary on 23 September, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
WA NOs.1442,1098
& 1099 OF 2025 1 2025:KER:70610
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WA NO. 1442 OF 2025
AGAINST THE JUDGMENT DATED 13.05.2025 IN WP(C) NO.11018 OF
2025 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 6 & 7:
1 CORPORATE MANAGER,
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWADIAR P.O.
THIRUVANANTHAPURAM, PIN - 695003.
2 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS,
NANDANCODE, THIRUVANANTHAPURAM, PIN - 695003.
BY ADV SHRI.R.S.LAKSHMAN
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5 AND 8 TO
11/ADDL.RESPONDENT SOUGHT TO BE IMPLEADED IN WA:
1 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.
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
3 THE VICE CHANCELLOR
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
ATHIRAMPUZHA, KOTTAYAM, PIN - 686562.
4 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI
WA NOs.1442,1098
& 1099 OF 2025 2 2025:KER:70610
UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA,
KOTTAYAM, PIN - 686562.
5 THE PRINCIPAL
DEVASOM BOARD, PAMBA COLLEGE, PARUMALA PATHANAMTHITTA
DISTRICT, PIN - 689626.
6 DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS
BHAVAN, THIRUVANANTHAPURAM, PIN - 695033.
7 AJITHA. D
AGE NOT KNOWN TO PETITIONER, ASSISTANT PROFESSOR
(BOTANY), DB PAMBA COLLEGE, PARUMALA, PATHANAMTHITTA,
PIN - 689626.
8 JINCY
AGE NOT KNOWN TO PETITIONER, ASSISTANT PROFESSOR
(BOTANY), DB PAMBA COLLEGE, PARUMALA, PATHANAMTHITTA,
PIN - 689626.
9 PRINCIPAL,
SANKUPILLAI MEMORIAL DB COLLEGE SASTHAMKOTTA, KUMBA
KOLLAM, PIN - 695521.
10 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGE EDUCATION,
KOTTAYAM, PIN - 686001.
*ADDL.R11 : UNIVERSITY OF KERALA,
REPRESENTED BY ITS REGISTRAR, SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695034.
* ADDL R11 IS IMPLEADED AS PER ORDER DATED 1/8/2025 IN
IA NO.1/2025 IN W.A.NO.1442/2025.
BY ADVS.
SHRI.KALEESWARAM RAJ
SHRI.P.VIJAYAKUMAR
SRI.M.R.ANISON
KUM.THULASI K. RAJ
SMT.APARNA NARAYAN MENON
SMT.P.A.RINUSA
SMT.ANAGHA RENJITH V.R.
SMT.M.U.SOORYA
SHRI.B.HARRYLAL
SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
SRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY
WA NOs.1442,1098
& 1099 OF 2025 3 2025:KER:70610
OTHER PRESENT:
SMT. SAROJINI K. G., GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.09.2025,
ALONG WITH WA.1098/2025, 1099/2025, THE COURT ON 23.09.2025
DELIVERED THE FOLLOWING:
WA NOs.1442,1098
& 1099 OF 2025 4 2025:KER:70610
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WA NO. 1098 OF 2025
AGAINST THE JUDGMENT DATED 13.05.2025 IN WP(C) NO.41930 OF
2024 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
SECRETARY
NSS COLLEGE CENTRAL COMMITTEE, NSS HEAD OFFICE,
PERUNNAI.P.O.,CHANGANACHERRY, KOTTAYAM DISTRICT,
PIN - 686102
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SRI.R.T.PRADEEP
SHRI.V.VIJULAL
SMT.M.BINDUDAS
SHRI.NIRANJAN T. PRADEEP
RESPONDENTS/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.
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,
WA NOs.1442,1098
& 1099 OF 2025 5 2025:KER:70610
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
SMT. SAROJINI K. G., GP
SHRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY
SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
SRI.ELVIN PETER, SR.COUNSEL FOR R6
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.09.2025,
ALONG WITH WA.1442/2025 AND CONNECTED CASES, THE COURT ON
23.09.2025 DELIVERED THE FOLLOWING:
WA NOs.1442,1098
& 1099 OF 2025 6 2025:KER:70610
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
WA NO. 1099 OF 2025
AGAINST THE JUDGMENT DATED 13.05.2025 IN WP(C) NO.40892 OF
2024 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 6 & 7:
1 SECRETARY
N.S.S. COLLEGE CENTRAL COMMITTEE, N.S.S. HEAD OFFICE,
PERUNNAI.P.O.,CHANGANASSERY, KOTTAYAM DISTRICT,
PIN - 686102
2 THE PRINCIPAL
N.S.S. HINDU COLLEGE, CHANGANASSERY, KOTTAYAM
DISTRICT, PIN - 686102.
BY ADVS.
SRI.N.N.SUGUNAPALAN (SR.)
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SHRI.NIRANJAN T. PRADEEP
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 5 & ADDL.RESPONDENTS 8
TO 10:
1 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.
2 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT, ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
WA NOs.1442,1098
& 1099 OF 2025 7 2025:KER:70610
3 THE DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION, VIKASBHAVAN,
THIRUVANANTHAPURAM, PIN - 695003.
4 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
ERNAKULAM, PIN - 682013.
5 THE MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS,
ATHIRAMPUZHA, KOTTAYAM, PIN - 686560.
6 THE UNIVERSITY OF KERALA
REPRESENTED BY ITS SECRETARY, SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695034.
7 KRISHNAPRIYA K
ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS, S.V.R.
N.S.S. COLLEGE, VAZHOOR, KOTTAYAM, PIN - 686505.
8 SHYAMA MURALIDHARAN
ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS, S.V.R.
N.S.S. COLLEGE, VAZHOOR, KOTTAYAM, PIN - 686505.
9 ANISHKUMAR P T,
ASSISTANT PROFESSOR, DEPARTMENT OF ECONOMICS, N.S.S.
HINDU COLLEGE, CHANGANASSERY, KOTTAYAM, PIN - 686102.
BY ADVS.
SMT. SAROJINI K. G., GP
SRI.K.R.GANESH
SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
SRI.SURIN GEORGE IPE, SC, M.G.UNIVERSITY
SRI.BINNY THOMAS
SHRI.P.SREEKUMAR (SR.)
SMT.HELEN P.A.
SHRI.ATHUL ROY
SHRI.INDRAJITH DILEEP
SMT.AMALA ANNA THOTTUPURAM
SHRI.ELVIN PETER P.J. (SR.)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.09.2025,
ALONG WITH WA.1442/2025 AND CONNECTED CASES, THE COURT ON
23.09.2025 DELIVERED THE FOLLOWING:
WA NOs.1442,1098
& 1099 OF 2025 8 2025:KER:70610
"CR"
JUDGMENT
Muralee Krishna, J.
The common issue that arises in these writ appeals is
whether an Educational Agency, which has colleges under the
jurisdiction of different Universities, can transfer a Teacher from
one college under a University to another college under a different
University without the written request of the Teacher? Since the
issue to be decided in all these writ appeals is the same, they are
heard together and are being disposed of by way of this common
judgment.
2. Respondents 6 and 7 in W.P.(C) No.11018 of 2025 filed
this writ appeal under Section 5(i) of the Kerala High Court Act,
1958, challenging the judgment dated 13.05.2025 passed by the
learned Single Judge, whereby the writ petition filed by the 1 st
respondent herein was allowed by setting aside Ext.P4 order dated
14.03.2025 issued by the Educational Agency, namely, the
Travancore Devaswom Board, transferring the 1st respondent from
Devaswom Board Pamba College, Parumala, Pathanamthitta
under Mahatma Gandhi University ('M.G.University' in short) to
Kumbalathu Sankupillai Memorial Devaswom Board College,
WA NOs.1442,1098
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Shasthamkotta under Kerala University and directing to retain the
1st respondent at Devaswom Board Pamba College, Parumala,
under M.G.University.
2.1. Going by the averments in W.P.(C)No.11018 of 2025,
the 1st respondent was appointed as an Assistant Professor
(Botany) at Devaswom Board Pamba College, Parumala,
Pathanamthitta, with effect from 09.11.2017, by Ext.P1 order
dated 08.11.2017. The Travancore Devaswom Board administered
two colleges under M.G. University, namely, Devaswom Board
College, Thalayolaparambu and Devaswom Board Pamba College,
Parumala. According to the 1st respondent, as per the order issued
in the year 2020, there exist only 5 sanctioned posts in these two
colleges, which were distributed as two sanctioned posts at
Devaswom Board College, Thalayolaparambu, and three
sanctioned posts at Devaswom Board Pamba College, Parumala,
Pathanamthitta. In the year 2019, the 7th respondent Smt.Ajitha
D. sought a transfer to Devaswom Board College,
Thalayolaparambu, where an excess post of 12 hours existed in
addition to the two sanctioned posts. Accordingly, she was
transferred to Devaswom Board College, Thalayolaparambu, from
Devaswom Board Pamba College, Parumala, resulting in a
WA NOs.1442,1098
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distribution ratio of three posts at Devaswom Board College,
Thalayolaparambu, and two posts at Devaswom Board Pamba
College, Parumala. Subsequently, the Government issued Ext.P2
Workload Statement of sanctioned posts and workload in Aided
Arts and Science Colleges dated 01.04.2020 of Devaswom Board
College, Thalayolaparambu, whereby it is made clear that the
eligible sanctioned posts at Devaswom Board College,
Thalayolaparambu, are two, with an additional excess post held
by the 7th respondent. By Ext.P3 Workload Statement of
sanctioned posts and workload in Aided Arts and Science Colleges
dated 01.04.2020 of Devaswom Board Pamba College, Parumala,
it was revealed that there are three sanctioned posts at Devaswom
Board Pamba College, Parumala, with one post in excess. Due to
the transfer of the 7th respondent in the year 2019, one post
remained in excess at Devaswom Board College,
Thalayolaparambu, while a vacancy arose at Devaswom Board
Pamba College, Parumala. To fill this vacancy, the 8 th respondent
Smt.Jincy was appointed by the Travancore Devaswom Board on
01.06.2023 to the excess post at Devaswom Board Pamba
College, Parumala. This appointment created the ratio of 3:3 in
WA NOs.1442,1098
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these two colleges, which violated the order of the year 2020 that
prescribed a total of five sanctioned posts.
2.2. The 1st respondent states that in order to accommodate
the 8th respondent, who is the junior most in comparison to the 1st
respondent, in the post of Assistant Professor (Botany) at
Devaswom Board Pamba College, Parumala, the 1st respondent
has now been transferred from Devaswom Board Pamba College,
Parumala under M.G.University to Kumbalathu Sankupillai
Memorial Devaswom Board College, Sasthamkotta, under the
Kerala University by Ext.P4 order dated 14.03.2025 issued by the
Travancore Devaswom Board. Contending that the transfer was
caused due to the illegal appointment of the 8th respondent and
also contending that the said transfer order is in violation of the
provisions under the Mahatma Gandhi University Act, 1985
('M.G.University Act' in short), the 1st respondent filed the writ
petition under Article 226 of the Constitution of India seeking the
following reliefs:
"i) To issue a writ of certiorari quashing Ext.P4 which transfers the
petitioner from DB Pamba College, Parumala, Pathanamthitta
under Mahatma Gandhi University to Kumbalathu Sankupillai
Memorial Devaswom Board College, Shasthamkotta under Kerala
University as proposed therein is unjust, illegal and unsustainable;
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ii) To issue a writ of mandamus directing the respondents to retain
the petitioner at DB Pamba College, Parumala, Pathanamthitta
under Mahatma Gandhi University;
iii) To issue a writ of mandamus directing the respondents to
refrain from transferring the petitioner from the present college
to any other college as proposed in Ext. P4;"
2.3. In the writ petition, the appellants filed a counter
affidavit dated 24.03.2025, producing therewith Exts.R7(a) to
R7(l) documents. It is contended in the counter affidavit filed by
the appellants that there is no statutory violation in the order of
transfer of the 1st respondent. It is also contended by the
appellants that transfer of a Teacher from one college to another
college under the management of the same Educational Agency is
incidental to the service, and Ext.P4 order was issued due to
administrative exigencies and necessities. There is no malice in
the order of transfer, and likewise, there is no illegality in the
appointment of the 8th respondent, since the Government
permitted the 2nd appellant to fill the vacancy at the Botany
Department of Devaswom Board Pamba College in the vacancy
that arose due to the transfer of the 7th respondent to Devaswom
Board College, Thalayolaparambu, in the year 2019.
2.4. The 7th respondent/8th respondent in the writ petition
also filed a counter affidavit dated 29.03.2025 opposing the relief
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sought in the writ petition and producing therewith Exts.R8(a) to
R8(c) documents. It is contended by the 7th respondent that at
the time of her joining service at Devaswom Board College,
Thalayolaparambu, there were two regular Teachers of Botany
already working therein. On the joining of the 7th respondent, the
total workload for Botany Teachers at Devaswom Board College,
Thalayolaparambu, in 2020 stood at 46 hours a week and on
eventual re-evaluation, after the introduction of a new syllabus to
be introduced for Degree Second and Third years, the workload
will go above 48 hours, requiring the service of three regular
Teachers. The 1st respondent was selected and appointed as
Assistant Professor with effect from 08.11.2017 at Devaswom
Board Pamba College; whereas the 7th respondent was appointed
initially at Devaswom Board Pamba College, Parumala, with effect
from 11.06.2025 and was transferred to Devaswom Board
College, Thalayolaparambu, by the transfer order dated
30.05.2019. Thus, the 1st respondent is junior to the 7th
respondent. Even though the 8th respondent was appointed as
Assistant Professor in Botany in Devaswom Board Pamba College,
Parumala, with effect from 01.06.2023, against the vacancy that
occurred due to the transfer of the 7th respondent, her
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appointment became surplus in Botany at Devaswom Board
College, Thalayolaparambu, with only 14 working hours instead of
16 hours. Therefore, the 8th respondent was denied her salary.
Under the said circumstances, with a view to protect the interest
of the 8th respondent, the 7th respondent offered her willingness
to transfer to Devaswom Board Pamba College, even though the
same caused her considerable dislocation and inconvenience as
she had to leave behind her two High school-going daughters, her
husband a Physician practising at Thripunithura and her aged
mother. By virtue of her written consent, she was transferred to
Devaswom Board Pamba College under Ext.P4 order.
Consequently, the 7th respondent joined the post of Assistant
Professor in Botany at Devaswom Board Pamba College,
Parumala, on 17.03.2025. Consequent to her transfer to the
Devaswom Board Pamba College at Parumala, there arose surplus
staff at Devaswom Board Pamba College. Under the said
circumstances, the 1st respondent, who is junior to the 7th
respondent, is offered a redeployment to Devaswom Board
College at Sasthamcotta, which remains under the management
of Travancore Devaswom Board. It was only as an interim
arrangement that the deployment of the 1st respondent was
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proposed, and once the appointment of the 8th respondent at
Devaswom Board Pamba College is approved, the 8th respondent
has offered readiness to be transferred permanently to Devaswom
Board College, Sasthamcotta.
2.5. To the counter affidavit filed by the appellants, the 1 st
respondent filed a reply affidavit dated 03.04.2025, producing
therewith Exts.P6 and P7 documents.
2.6. Along with I.A.No.4 of 2025, the appellants produced
Exts.R7(m) to R7(q) documents in the writ petition.
2.7. After hearing both sides and on appreciation of
materials on record, the learned Single Judge allowed the writ
petition by the impugned judgment dated 13.05.2025, holding
that Ext.P4 order of transfer of the 1st respondent is violative of
Section 68A of the M.G.University Act.
3. This writ appeal is filed by the petitioner in
W.P.(C)No.41930 of 2024, challenging the common judgment
dated 13.05.2025 passed by the learned Single Judge along with
W.P.(C)No.40892 of 2024, whereby the writ petition filed by the
appellant was dismissed.
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3.1. According to the appellant, the appellant is a corporate
educational agency of aided private Arts & Science Colleges of Nair
Service Society ('N.S.S' in short) affiliated to the different
universities in the State of Kerala. The colleges have direct
payment agreement with the government. Section 64A(i) of the
Kerala University Act and the provisions of the M.G. University
Act provides that once a teacher of the college settles in her home
college affiliated to a university, she can be subjected to inter-
University transfer only on exercising that option by her. Now the
government, as well as the Universities compelled the appellant
to adhere to workload, and teachers continuing on supernumerary
basis shall be redeployed to substantive vacancies having
sufficient workload. The appellant, in compliance with that
direction, redeployed the 6th respondent, who is continuing
without workload in N.S.S. Hindu College, Changanacherry,
affiliated to M.G. University, to N.S.S. College, Cherthala, affiliated
to University of Kerala by Ext.P4 order dated 23.09.2023. The
Government on taking note of the aforesaid provision under the
parent statute of the Kerala University, as well as the requirement
to comply with the workload, had by Ext.P8 order dated
24.05.2024, directed the University of Kerala to resolve the issue
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through conciliation with the teacher and the management. The
proceedings initiated by the University in pursuance to Ext.P8 are
going on. While so, the government, by Ext.P10 order dated
12.06.2024, with no notice to the appellant, directed to cancel the
transfer of the 6th respondent and to reinstate her in her home
college. Now the situation is that there is no workload, even for 1
hour to accommodate the 6th respondent in her home college.
Whereas the post in which she is continuing with a sufficient
workload cannot be accommodated with any other person. This
would result in loss of exchequer to the Government, apart from
being prejudicial to the welfare of the students. Hence, the
appellant filed the writ petition under Article 226 of the
Constitution of India seeking the following reliefs:
"i. To issue a writ of certiorari or any other appropriate writ order
or direction calling upon the records pertaining to Exhibit-P10 and
quash the same;
ii. To issue a writ of mandamus or any other appropriate writ order
or direction to respondents 1 to 5 to allow the petitioner to
redeploy the teaching staff of the aided private colleges to
subserve workload without circumscribing the university to which
the college is affiliated for redeployment by notwithstanding the
university of the home college of the redeployee dehors Exhibit-
P10;
iii. Considering the exigencies and necessity for urgent
consideration of the grievance voiced in this Writ Petition (C),
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production of English translations of documents in vernacular, may
kindly be dispensed with for the time being;"
3.2. In the writ petition, on behalf of the 5th respondent, a
statement dated 07.01.2025 was filed by the learned Standing
Counsel, producing there with Annexure R5(a) to R5(d)
documents.
3.3 The 4th respondent also filed a statement dated
21.02.2025 in the writ petition, opposing the relief sought by the
appellant.
4. This writ appeal is filed by respondents 6 and 7 in
W.P.(C)No.40892 of 2024, challenging the common judgment
dated 13.05.2025 passed by the learned Single Judge along with
W.P.(C)No.41930 of 2024. The 6th respondent in
W.P.(C)No.41930 of 2024 is the petitioner in W.P.(C)No.40892 of
2024.
4.1. Going by the averments in W.P.(C)No.40892 of 2024
from which the above writ appeal arose, the 1st respondent in this
writ appeal was appointed as Assistant Professor (Economics) by
Ext.P1 appointment order dated 01.03.2018 at N.S.S. Hindu
College, Changanassery under the 1st appellant. Accordingly, 1st
respondent joined service on 05.03.2018 in the 2nd appellant
WA NOs.1442,1098
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college in the Economics Department. The probation of the 1 st
respondent was also declared in the category of Assistant
Professor. After the appointment of the 1st respondent, two more
persons were also appointed as Assistant Professors in the aided
college managed by the 1st appellant under the M.G University.
While so, one Mr.Anishkumar, who was working as Assistant
Professor in the Economics Department in N.S.S. College,
Pandalam, affiliated to the Kerala University was given inter-
University transfer and was posted as Assistant Professor
(Economics) in N.S.S. Hindu College, Chanaganassery, as per the
order dated 05.06.2018. According to the 1st respondent, the
aforesaid three persons are juniors to the 1st respondent. While
so, the 1st appellant issued Ext.P2 Transfer Order dated
23.09.2023 transferring the 1st respondent from N.S.S. Hindu
College, Changanassery to N.S.S. College, Cherthala, affiliated to
Kerala University. Pursuant to the issuance of Ext.P2 transfer
order, the 1st respondent relieved from N.S.S. Hindu College,
Changanassery, on 23.09.2023 by Ext.P3 relieving order dated
25.09.2023 issued by the 2nd appellant. Accordingly, the 1st
respondent joined as Assistant Professor in N.S.S. College,
Cherthala, on 26.09.2023. Though, she has been continuously
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discharging her duties at N.S.S. College, Cherthala, her salary and
other service benefits have not been paid on the ground that the
transfer of the 1st respondent was ordered without following the
provisions of relevant Statutes and Rules by the 1st appellant
Corporate Educational Agency. The 1st respondent further
contends that Ext.P2 transfer order and Ext.P3 relieving order
issued by the management is against the provisions of the
M.G.University Act, 1985, and the M.G.University First Statute,
1988. However, the 1st respondent had no other option but to join
as Assistant Professor in N.S.S. College, Cherthala, coming under
the University of Kerala. In Ext.P2 transfer order, the reason for
transfer stated is that the total workload of Economics Department
in N.S.S. Hindu College, Changanassery, is 125 hours and 9
teachers are working therein. It is also stated that 7 teachers are
having 16 hours workload and 1 teacher is having 13 hours
workload and the 9th teacher is continuing without any workload.
By the transfer, the 1st respondent became the junior most
teacher in the seniority list in the Economics Department of N.S.S.
College, Cherthala. At the same time, in the seniority list of the 1 st
appellant Corporate Educational Agency with respect to the
Assistant Professor in the Economics Department of aided college
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coming under the M.G. University, there are three Assistant
Professors, who are juniors to the 1st respondent. If one post is to
be reduced for want of workload in N.S.S. College, Cherthala, or
for that any of the colleges managed by the 1st appellant in the
University of Kerala, the 1st respondent would be the teacher who
has to go out being the junior most in the Economics Department;
whereas, if one post or for that matter even two posts are
abolished for want of workload in the aided colleges of the 1 st
appellant coming under M.G.University, the post occupied by the
1st respondent as Assistant Professor would continue and only her
admitted juniors would go out for want of vacancies. Therefore,
the prejudice caused to the 1st respondent by Ext.P2 transfer order
is grave and the 1st appellant Educational Agency has absolutely
no authority to make inter-University transfer of the 1st
respondent from N.S.S. Hindu College, Changanassery to N.S.S.
College, Cherthala. When Ext.P2 transfer order came to the notice
of the Director of Collegiate Education, he issued a communication
dated 22.07.2024 to the Government with respect to the further
course of action to be taken regarding the teacher who have been
given inter-University transfer by the 1st appellant Educational
Agency. On receipt of the communication, the Government issued
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Ext.P4 order dated 12.08.2024 to the Director of Collegiate
Education, inter alia, stating that as per Section 64A of Kerala
University Act and Section 68A of the M.G.University Act, an inter-
University transfer could be made only on the basis of the
applications submitted by the teachers. Hence, the Government
directed the Director of Collegiate Education to cancel the transfer
order issued against the 1st respondent and give a posting to her
as Assistant Professor in Economics Department in N.S.S. Hindu
College, Changanassery, and further directed that the salary and
other emoluments payable to the 1st respondent shall be disbursed
by the Deputy Director of Collegiate Education, Ernakulam, to her.
Since Ext.P4 order was not complied by the Director of Collegiate
Education and the Deputy Director of Collegiate Education and
also the 1st appellant management, the 1st respondent approached
this Court by filing W.P.(C)No.40892 of 2024 under Article 226 of
the Constitution of India seeking the following reliefs:
"(i) To issue a writ of certiorari or any other writ, order or
direction calling for the records leading to Ext. P2 order dated
23.09.2023 and quash the same to the extent it ordered transfer
of the petitioner from N.S.S Hindu College, Changanassery to
N.S.SCollege, Cherthala;
(ii) To issue a writ of mandamus or any other appropriate writ,
order or direction directing respondents 2, 3 and 6 to comply the
directions in Ex. P4 order by posting the petitioner as Assistant
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Professor in the department of Economics at N.S.S Hindu College,
Changanassery with status quo ante; forthwith.
(iii) To issue a writ of mandamus or any other appropriate writ,
order or direction directing the 3rd respondent to take immediate
steps to disburse the salary of the petitioner from 01.09.2023 as
directed in Ext.P4 and pay the same to the petitioner forthwith;
(iv) To declare that the petitioner is entitled to get interest @ 9%
PA for the salary arrears;
(v) To declare that Ext.P2 transfer order is absolutely illegal and
void-ab-initio;
(vi) To declare that respondents 2, 3 and 6 are legally bound to
comply Ext.P4 order at the earliest;"
4.2. In the writ petition, on behalf of the 6th respondent, a
statement dated 18.12.2024 was filed by the learned Standing
Counsel wherein it was contended that as per Section 64A of the
Kerala University Act, the transfer of a Teacher from a college
under one University to a college under another University shall
be made only on the written request of the Teachers, who
completed 3 years of service. In the statement, Statute 34 in
Chapter 2 of the Kerala University (Conditions of Service of
Teachers and Members of Non-Teaching Staff) First Statutes,
1979, was also relied by the 6th respondent.
4.3. The 3rd respondent, the Director of Collegiate
Education, filed a counter affidavit dated 21.01.2025 inter alia
pointing out that the Manager has not relied on the seniority list
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while effecting inter-University transfer. The Manager has not
obtained options from Teachers while effecting the inter-
University transfer. It was further contended by the 3 rd
respondent that the transfer effected was in violation of relevant
provisions of Section 68A of the M.G. University Act, 1985, and
the University Statutes made thereunder.
4.4. After considering the rival contentions raised by the
parties, and also considering the materials on record, the learned
Single Judge disposed of W.P.(C)No.40892 of 2024 quashing
Ext.P2 order dated 23.09.2023 issued by the Educational Agency
transferring the petitioner therein from N.S.S. Hindu College,
Changanassery, to N.S.S College, Cherthala, and respondents 2,
3 and 6 therein were directed to abide by Ext.P4 order dated
12.08.2024 issued by the 1st respondent therein by posting the
writ petitioner as Assistant Professor in the Department of
Economics at N.S.S Hindu College, Changanassery. Consequently,
W.P.(C)No.41930 of 2024 filed by the Educational Agency was
dismissed by the learned Single Judge. Challenging the said
common judgment; these writ appeals have been filed by the
petitioner in W.P.(C)No.41930 of 2024 and respondents 6 and 7
in W.P.(C)No.40892 of 2024, respectively.
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5. Heard the learned Standing Counsel for Travancore
Devaswom Board, who is appearing for the appellants in
W.A.No.1442 of 2025, the learned counsel for the 1st respondent-
writ petitioner in W.A.No.1442 of 2025, the respective learned
counsel for respondents 7 and 8 in W.A.No.1442 of 2025, the
learned Senior Government Pleader, the learned Senior Counsel
appearing for the appellant in W.A.No.1098 of 2025, the learned
Senior Counsel appearing for the 1st respondent in W.A.No.1099
of 2025 and the 6th respondent in W.A.No.1098 of 2025 and the
respective Standing Counsel for M.G. University and Kerala
University.
6. When the learned Standing Counsel for the appellants in
W.A.No.1442 of 2025 and the learned Senior Counsel for the
appellant in W.A.No.1098 of 2025 took a stand that an inter-
University transfer of a teacher of a college affiliated to one
University to a college under the same management affiliated to
another University is permissible, by contending that such a
transfer is only a redeployment to adjust workload, the learned
counsel for the party respondents, the learned Senior Counsel, the
learned Senior Government Pleader and the learned Standing
Counsel for the Universities took a stand that such an inter-
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University transfer is not permissible in view of relevant provisions
in the respective University Act and Statutes governing the field.
According to the learned counsel and the learned Senior Counsel,
the term redeployment by way of inter-University transfer is alien
to the M.G. University Act and Kerala University Act, and also to
the M.G. University Statutes, 1997. Without a written willingness
from the teacher concerned, it is not possible to effect such a
transfer by the management at their whims and fancies.
7. In support of his arguments, the learned Standing
Counsel for the appellants in W.A.No.1442 of 2025 placed reliance
on the judgment of this Court in Johnson George v. State of
Kerala [2003 (2) KLT 676] and the judgment of a Division
Bench of this Court dated 13.02.2007 in OP No.22784 of 1997.
The learned Senior Counsel appearing for the 1st respondent in
W.A.No.1099 of 2025 who is the 6th respondent in W.A.No.1098 of
2025 relied on the judgment of the Apex Court in Bhavnagar
University v. Palitana Sugar Mill Pvt. Ltd. and others
[(2003) 2 SCC 111] in support of his argument that the Manager
post is a creature of Statute and he has to work within the limits
of the Statute and he cannot transfer the teachers by stating that
such a transfer is not prohibited under the University Act.
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8. We have carefully gone through the materials on record
and the submissions made by the learned counsel and the learned
Senior Counsel appearing for the parties to these writ appeals. In
order to understand the law regarding the inter-University transfer
of college teachers, it would be better to extract the relevant
provisions pointed out by the learned counsel and learned Senior
Counsel.
8.1. M.G.University Act, 1985
Section 2(17): 'Private college' means a college maintained by
an educational agency other than the Government or the
University and affiliated to the University"
Section 68. Transfer of teachers to other Universities.-
(1) 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 the
commencement of this Act or within such further period, not
exceeding three months, as may be granted by the Government
for sufficient reason, prepare a seniority list of the teachers of all
such colleges.
(2) After the preparation of the list under sub-section (1), the
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:
Provided that where the number of teachers who have opted to
work under the jurisdiction of the Mahatma Gandhi University or
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the Kerala University or the Calicut University is more than the
number required, allotment shall be made on the basis of seniority.
(3) Any teacher aggrieved by any entry in the list prepared under
sub-section (1) or by the allotment under sub-section (2) may
appeal to the Government within sixty days from the date of
communication of the list or order of allotment to him, and the
decision of the Government thereon shall be final.
(4) Where a teacher is allotted to a University area under this
section he shall not be transferred to a college affiliated to any
other University.
(5) Nothing contained in this section shall apply in respect of
principals of private colleges.
8.3. Section 68A. Inter University transfer of teacher by an
educational agency.--
Notwithstanding anything to the contrary contained in any law for
the time being in force, where an educational agency has colleges
under the jurisdiction of the Mahatma Gandhi University and also
under the Jurisdiction of another University in the State, a teacher
appointed by such educational agency to a college within the
jurisdiction of the another University, may be transferred to any
college under the jurisdiction of the Mahatma Gandhi University,
subject to the following conditions, namely:--
(i) transfer shall be made only on the written request of the
teacher who has completed three years of service;
(ii) transfer shall be made only once during the entire period of
service of a teacher;
(iii) transfer shall be made on the basis of the seniority of
teachers;
(iv) teacher transferred under the provisions of this section shall
become junior most in the colleges under the educational agency
in the University irrespective of his service in the University from
which he was transferred;
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(v) transfer is to be made as and when vacancy arises in any of
the colleges under the educational agency in the University,
provided no home college option by any teacher against the said
vacancy is pending; and
(vi) teacher who is transferred under the provisions of this section
shall be eligible for home college option and shall be treated as
teacher of the University with all benefits that are enjoyed by the
existing teachers, provided the services rendered by such teacher
outside the University, shall not be considered as outside service
while exercising home college option.
Explanation:- For the purpose of this section, "home college
option" means the option made by a teacher regarding his home
college in the University under the provisions of the Statutes made
under this Act.
8.2. M.G.University Statutes 1997-Chapter 45
35. Seniority List:-
(1) Every Educational Agency shall maintain a seniority list of the
teachers in the college or of all the colleges in the University area,
as the case may, under its management.
(2) The transfer of a teacher from one college to another in the
University area under the Educational Agency shall not affect his
seniority.
(3) The Syndicate may frame guidelines for fixation of interse
seniority of teachers. The Educational Agency shall have the power
to decide disputes regarding seniority of teachers in their colleges.
An appeal shall lie to the Vice-Chancellor against such decision of
the Educational Agency.
36. Xxxx xxxx xxxx
37. Transfer of Teaching and Non-Teaching Staff under
Corporate Managements-Guidelines for effecting transfers:
(1) Transfer of teaching and non-teaching staff shall be made only
to the bare minimum requirements.
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(2) Managements shall instruct the members of teaching and non-
teaching staff in those colleges to submit their requests if desired
for transfer in the prescribed form (as in Government colleges) on
or before 31st March of every year and finalise the transfers before
the re-opening of the colleges in the subsequent academic year
preferably before 15th May of the year.
(3) As far as possible requests for mutual transfers may be
entertained. but only in case eligible persons under category (iv)
and (v) are not available.
(4) To the extent possible couples may be given transfer to the
same college or nearby colleges.
(5) As far as possible those who have been working in colleges for
long periods or at far away places from their home town may be
given preference for transfers to places of their choice. No transfers
shall be made against posts declared supernumerary as per staff
fixation order. When once a post is declared supernumerary, the
incumbent in the post shall be transferred forthwith to any available
vacancy. Transfers between persons working in a supernumerary
post and in a regular vacancy shall not be made.
(6) Transfer of teaching and non-teaching staff shall be made only
after ascertaining the availability of clear vacancies.
In the case of teaching staff, this should be done according to the
staff fixation approved by the University for the concerned
academic year and subject to the provision as contained in the
Mahatma Gandhi University (inter University Transfer of teachers of
colleges under educational agencies having colleges affiliated to
Kerala University and Calicut University) First Statutes, 1988.
(7) Staff on transfers, except on request shall be eligible for
travelling allowance and joining time as provided in Statute 33.
8.3. Kerala University Act, 1974
Section 2(16): "Private college" means a college maintained by
an educational agency other than the Government or the University
and affiliated to the University
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Section 2(29): "University" means the University of Kerala
constituted under this Act.
Section 64. Transfer of teachers to other Universities.-
(1) Where an educational agency has colleges under the jurisdiction
of the Kerala University and also under the jurisdiction of the Calicut
University, the educational agency shall within three months of the
commencement of this Act or within such further period, not
exceeding three months, as may be granted by the Government for
sufficient reason, prepare a seniority list of the teachers of all such
colleges.
(2) After the preparation of the list under sub-section (1), the
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:
Provided that where the number of teachers of who have opted to
work under the jurisdiction of the Kerala University or the Calicut
University is more than the number required, allotment shall be
made on the basis of seniority.
(3) Any teacher aggrieved by any entry in the list prepared under
sub-section (1) or by the allotment under sub-section (2) may
appeal to the Government within sixty days from the date of
communication of the list or order of allotment to him, and the
decision of the Government thereon shall be final.
(4) Where a teacher is allotted to a University area under this
section, he shall not be transferred to a college affiliated to any
other University.
(5) Nothing contained in this section shall apply in respect of
principals of private colleges.
Section 64A. Inter University transfer of teacher by an educational
agency.-
Notwithstanding anything to the contrary contained in any law for
the time being in force, where an educational agency has colleges
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under the jurisdiction of the Kerala University and also under the
jurisdiction of another University in the State, a teacher appointed
by such educational agency to a college within the jurisdiction of
another University, may be transferred to any college under the
jurisdiction of the Kerala University, subject to the following
conditions, namely:
(i) transfer shall be made only on the written request of the teacher
who has completed three years of service;
(ii) transfer shall be made only once during the entire period of
service of a teacher;
(iii) transfer shall be made on the basis of the seniority of teachers;
(iv) teacher transferred under the provisions of this section shall
become junior most in the colleges under the educational agency in
the University irrespective of his service in the University from
which he was transferred;
(v) transfer is to be made as and when vacancy arises in any of the
colleges under the educational agency in the University, provided
no home college option by any teacher against the said vacancy is
pending; and
(vi) teacher who is transferred under the provisions of this section
shall be eligible for home college option and shall be treated as
teacher of the University with all benefits that are enjoyed by the
existing teachers, provided the services rendered by such Teacher
outside the University shall not be considered as outside service
while exercising home college option.
Explanation:- For the purpose of this section, "home college
option" means the option made by a teacher regarding his home
college in the University under the provisions of the Statutes made
under this Act.
8.4. Kerala University (Conditions of service of
Teachers and members of Non-Teaching Staff)
First Statutes, 1979 -Chapter-2
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34. Seniority List:-
(1) Every Educational Agency shall maintain a seniority list of the
teachers in the college or of all the colleges in the University area,
as the case may be, under its management.
(2) The transfer of a teacher from one college to another in the
University area under the same Educational Agency shall not affect
his seniority.
(3) The Syndicate may frame guidelines for fixation of interse
seniority of teachers. The Educational Agency shall have the power
to decide disputes regarding seniority of teachers in their colleges.
An appeal shall lie to the Vice-Chancellor against such decision of
the Educational Agency."
9. A reading of Section 64 and 64A of the Kerala
University Act as well as Section 68 and 68A of the M.G. University
Act would make it clear that transfer of a teacher from one college
affiliated to a university to a college affiliated to another university
under the same management can be done only if there is a written
request from the part of the teacher and she or he has completed
three years of service in the college. Similarly, Statute 35(2) and
37 of Chapter 45 of the M.G. University Statutes and Statute 34
of Chapter-2 of Kerala University First Statutes, 1979 would also
make it clear that such a transfer is permissible only with the
written request of the teacher concerned.
10. In Johnson George [2003 (2) KLT 676], a learned
Single Judge of this Court held thus;
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"17. Now coming to the basic question relating to the right of the
management to order inter-management transfers including
managements having colleges within the jurisdiction of different
universities and the right of teachers working in those colleges to
seek for such transfers, I am of the view that such rights will be
available to them unless taken away by specific provisions in the
University Act or other regulations made under that Act. Of
course, the Director of Collegiate Education or the University as
the case may be, shall have the power to refuse sanction or
decline approval if such transfers are made in violation of specific
provisions of law or prejudically affecting the legitimate right or
interest of the teachers working in the colleges under the
management concerned. An enacted law may broadly provide for
matters concerning the subject matter of that enactment and for
effectuating those matters may confer powers on certain
authorities, as also rights and liabilities on certain others. As
regards matters specifically dealt with in that enactment, it will
be easier for the authorities to act upon. But difficulties arise in
respect of matters which are not specifically covered by the
provisions of the statute. This in turn gives rise to disputes
requiring adjudication by judicial or quasi-judicial forums having
jurisdiction. In the matter of resolving such disputes, it should be
remembered that the enacted law cannot make provisions for
everything concerning that subject matter. As far as matters
which are not thus specifically covered by the provisions of that
enactment or any other subordinate legislation brought into force
as empowered by that enactment, certain principles will have to
be followed to deal with issues or disputes arising in that area.
One such principle is that in the absence of provisions expressly
or impliedly curtailing any freedom or right otherwise enjoyed by
the citizens or class of persons whose actions are intended to be
controlled or regulated by the enacted law, the authorities under
the Act shall not encroach upon such existing freedoms or rights
WA NOs.1442,1098
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or interfere with the legitimate rights they are otherwise free to
enjoy. Rights or freedom to do certain thing, enjoyed or enjoyable
under the provisions the Constitution can be restricted or
curtailed by a competent legislation intended to regulate such
actions. Right or freedom that is not curtailed or restricted shall
be available to the citizens, notwithstanding the statute law on
the subject. Ext.P5 is not contrary to any of the provisions of law
and it cannot therefore be held as illegal or unenforceable."
11. While going through the aforesaid judgment, it could be
seen that it was not held therein that a inter-University transfer
can be effected by the management without the consent of the
teacher. It is only by following the procedure prescribed under the
Act and relevant Rules, such a transfer can be effected by the
management. Therefore, the judgment in Johnson George
[2003 (2) KLT 676] is not applicable to the facts of the instant
case. None of the parties to these writ appeals has a contention
that the written consent of any of the transferred teachers was
obtained, or that the teachers concerned made any voluntary
request for such a transfer. On the other hand, the stand of the
transferred teachers is that they objected the transfer since it will
adversely affect the seniority of those teachers. Though the
learned counsel, who supported the transfer, submitted that the
seniority of the teachers would be protected since the transfer was
effected only as a redeployment for a temporary period, they could
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not point out any provision under the University Acts or the
Statutes concerned, that such a right of redeployment to the
transferred teachers or to the management. The protection of
seniority given by the University Statutes referred above is only
in the case of transfer of teachers from one college to another
within the University and not in the case of inter-University
transfer. The specific stand taken by the University as well as the
Government is that the inter-University transfer can be effected
only by following the provisions under Section 64 and 64A of the
Kerala University Act and Sections 68 and 68A of the
M.G.University Act. Those provisions make it clear that in the case
of inter-University transfer, the position of the transferred teacher
would be the junior-most in the transferred college. Therefore, the
contention of the management that the seniority of the transferred
teachers will be protected since it is only a redeployment has no
merits.
12. In OP No.22784 of 1997, the issue that came up for
consideration before the Division Bench of this Court is the extent
of power of the Kerala University to issue first statute regarding
transfer of teachers of colleges under the corporate management
affiliated to the University. After considering the relevant
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provisions and the judgments on the point, the Division Bench in
that judgment held that without amending the Act, no further
inter-University transfer can be made. If Government feels that
such an amendment is necessary, it is for the Government to take
steps for amendment of the Act. In view of that judgment, Section
64A of the Kerala University Act and Section 68A of the M.G.
University Act were incorporated, by way of amendment. If the
intention of the legislature was to give authority to the
management to effect inter-University transfer of a teacher,
without the consent of the teacher, definitely, there would have
been a clause in the amended provisions to that effect.
13. Interestingly, it is to be noted that to justify the inter-
University transfer effected by the management, they are taking
a stand that it is only a redeployment to adjust the workload.
Nowhere in the Kerala University Act or M.G. Act, the word
redeployment or deployment is defined or given authority. The
meaning of the word 'deploy' as per the Webster's II New
Riverside University Dictionary is 'To station (persons or forces)
systematically over an area or To spread out (troops) to form an
extended front'. The meaning of the word 'Transfer' as per the
said Dictionary is 'To move one self from one location, job or
WA NOs.1442,1098
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academic institution to another'. Similarly, as per Oxford
Advanced Learner's Dictionary New 8th Edition, the word 'deploy'
means 'to move soldiers or weapons into a position where they
are ready for military action'. The meaning of the word 'Transfer'
suitable to the situation of our case as per the said Dictionary is
'to move from one job, school, situation etc. to another'. When
going through the Dictionary meaning of these words, when going
through so called 're-deployment' of the teacher by the
management can be treated only as a transfer from one college
to another. In such circumstances, the transfer of a teacher from
a college under a particular University to another college under
another University can be only by way of inter-University transfer
as provided under the University Act and Statutes referred above.
The word redeployment used is a cunning attempt to effect inter-
University transfer of a teacher from one college under a
University to another college under a different University without
the consent of the teacher concerned.
14. In Bhavnagar University [(2003) 2 SCC 111] the
Apex Court held that, when a statutory authority is required to do
a thing in a particular manner, the same must be done in that
manner or not at all. The State and the other authorities, while
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acting under the said Act, are only creature of statute. They must
act within the four corners thereof. The post of Manager is a
creature of respective statutes. Therefore, a Manager cannot act
outside the authority given by the statute concerned, as rightly
argued by the learned Senior Counsel for the 1st respondent in
W.A.No.1099 of 2025 and the 6th respondent in W.A.No.1098 of
2025.
15. Having considered the pleadings and materials on
record and the submissions made at the Bar, we are of the view
that the learned Single Judge has correctly analysed the position
of law with respect to the inter-University transfer of a teacher
and decided the respective writ petitions. On re-appreciation of
the materials on record, we find no sufficient ground to interfere
with the impugned judgments.
In the result these writ appeals stand dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
DSV
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RESPONDENTS' ANNEXURES
Annexure 1 TRUE COPY OF THE REPRESENTATION DATED
03.06.2025 SUBMITTED BY ME THROUGH PROPER
CHANNEL BEFORE THE MANAGEMENT/2ND APPELLANT
Annexure R8(1) A TRUE COPY OF THE REQUEST MADE BY THE
APPLICANT ON SELECTION AND APPOINTMENT TO
ASSISTANT PROFESSOR (BOTANY) POST IN DB PAMBA
COLLEGE, PARUMALA DATED 01.06.2023
Annexure R8(2) A TRUE COPY OF INTERIM ORDER PASSED BY THIS
HON'BLE COURT IN W.P.(C)NO.11018/2025 DATED
21.03.2025
WA NOs.1442,1098
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RESPONDENTS' ANNEXURES
ANNEXURE R1 (a) TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)
NO. 155/2020/HEDN DATED 01.04.2020.
