Madras High Court
B.Kubendran vs The Government Of Tamil Nadu on 19 June, 2025
W.P.(MD).No.16347 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.16347 of 2025
and
W.M.P.(MD)No.12425 of 2025
B.Kubendran ... Petitioner
-vs-
1.The Government of Tamil Nadu,
Represented by its Secretary,
Department of Law,
Secretariat, St. George Fort,
Chennai - 600 009.
2.The Director,
Directorate of Legal Studies,
Purusavakkam, Kilpauk,
Chennai - 600 010.
3.The Principal,
Government Law College,
Dr.Thangaraj Salai,
Tallakulam, Madurai - 625 020. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records of the second respondent's impugned order dated 05.06.2025 in
Proceedings Sa.Mu.Anai No.2686/A4/2025 and quash the same and
consequently, direct respondents 1 and 2 to allow the petitioner to continue in
1/9
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W.P.(MD).No.16347 of 2025
the present College till the framing of transfer policy in the Department of
Directorate of Legal Studies.
For Petitioner : Mr.I.Arockia Selvaraj
For Respondents : Mr.K.Balasubramani
Special Government Pleader
ORDER
This Writ Petition has been filed challenging the impugned transfer
order issued by the second respondent in Sa.Mu.Anai.No.2686/A4/2025,
dated 05.06.2025 and consequently, seeking a direction to the respondents 1
and 2 to permit the petitioner to continue in service as Assistant Professor in
the third respondent College, until a formal transfer policy is framed by the
Department of Directorate of Legal Studies.
2. By consent, this writ petition is taken up for final disposal at the
stage of admission itself.
3. The learned counsel for the petitioner submits that the petitioner was
appointed as Assistant Professor (Senior Scale) in the subject of
Constitutional Law through the Teachers Recruitment Board and joined
service on 07.06.2019 at the Government Law College, Madurai. His
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appointment was regularized by proceedings of the first respondent in Proc.
No.2689/A4/2023, in accordance with the Tamil Nadu Educational Legal
Service Rules.
4. The learned counsel for the petitioner further submits that the
petitioner has rendered nearly six years of unblemished service, without any
complaint, disciplinary action or pending enquiry. During this period, the
petitioner has taught various subjects including Administrative Law, Human
Rights, Criminal Procedure Code and Bharatiya Nagarik Suraksha Sanhita,
though not his branch subject of Constitutional Law, as per the timetable
allotted by the third respondent.
5. It is submitted that despite such service, the petitioner has been
transferred from Government Law College, Madurai to Government Law
College, Ramanathapuram, by the impugned transfer order dated 05.06.2025
in Sa.Mu.Anai No.2686/A4/2025, on purported administrative grounds. The
transfer was effected without any prior request from the petitioner and no
specific reasons have been disclosed in writing by the authorities, thereby,
violating the principles of natural justice.
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6. The learned counsel for the petitioner further submits that the
transfer is stated to be arbitrary, unreasonable and mala fide and is contrary to
the ratio laid down by the Hon'ble Supreme Court in the case of Somesh
Tiwari vs. Union of India [(Civil Appeal No.7308/2008)] and National
Hydroelectric Power Corporation Ltd. vs. Shri Bhagwan and Shiv
Prakash [(Civil Appeals Nos.1095 & 1096 of 2001)].
7. Furthermore, the learned counsel submits that despite the existence
of subject-specific recruitment in Government Law Colleges in line with the
judgment in N.Gowthaman vs. State of Tamil Nadu & others. [W.P.No.
10930 of 2010], several colleges are facing an acute shortage of subject
teachers for L.L.M. students in specialized branches like, Taxation Law,
Constitutional Law and Environmental Law due to arbitrary and uneven
transfer practices. The learned counsel for the petitioner, therefore, seeks a
direction to the respondents to set aside the impugned transfer order and
permit the petitioner to continue as Assistant Professor in Government Law
College, Madurai, at least until a proper and transparent transfer policy is
framed by the Directorate of Legal Studies in the interest of academic and
administrative consistency.
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8. The learned Special Government Pleader appearing for the
respondents submits that the impugned transfer order dated 05.06.2025,
passed in Sa.Mu.Anai.No.2686/A4/2025, is a routine administrative transfer
issued in the interest of public service. It is submitted that transfers are
incidental to service and no employee has a vested right to remain in a
particular station or post, particularly in a Government institution.
9. It is further contended that the petitioner was not transferred
arbitrarily or with any mala fide intent. The transfer was carried out in
accordance with the administrative exigencies of the Department of Legal
Studies, considering overall staffing patterns and availability of faculty across
Government Law Colleges in Tamil Nadu.
10. The learned Special Government Pleader appearing for the
respondents deny the allegation that the transfer was punitive or in violation
of natural justice. It is emphasized that transfers on administrative grounds do
not require a prior hearing, especially when they do not involve a stigma or
disciplinary proceedings. The petitioner, admittedly, did not hold a permanent
or tenure-bound position at the station in question.
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11. Insofar as the reliance placed by the learned counsel for the
petitioner on various judgments including Somesh Tiwari [cited supra] and
N.Gowthaman [cited supra] are concerned, the learned Special Government
Pleader appearing for the respondents submit that those cases are factually
distinguishable and not applicable to the present factual matrix. Moreover, it
is submitted that faculty deployment across law colleges is done subject-wise,
based on institutional needs and not for individual convenience. The learned
Special Government Pleader for the respondents, therefore, submits that the
writ petition is devoid of merits and liable to be dismissed.
12. After hearing the learned counsel for the petitioner and the learned
Special Government Pleader for the respondents and upon perusal of the
records, this Court is of the considered view that no interference is warranted
with the impugned transfer order.
13. It is a well-settled principle of service jurisprudence that transfer is
an incidence of service and it is within the prerogative of the employer to
effect such transfers to ensure administrative efficiency. Unless the transfer is
shown to be actuated by mala fides, vindictiveness or in violation of statutory
rules, Courts ought not to interfere.
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14. In the present case, the petitioner has not produced any cogent
material to establish that the transfer is either punitive or tainted with
mala fide. Mere allegation of unreasonableness or inconvenience cannot, by
itself, be a ground for judicial review of a transfer order.
15. Further, the learned counsel for the petitioner's reliance on certain
judgments is misplaced, as those cases arose in different factual and legal
contexts. The learned Special Government Pleader appearing for the
respondents has also brought to the notice of this Court that the transfer was
made in accordance with administrative requirements and to address subject-
wise faculty distribution across law colleges. In view of the same, this Writ
Petition stands dismissed. There shall be no order as to costs. Consequently,
connected Miscellaneous Petition is closed.
19.06.2025
NCC : Yes/No
Index : Yes / No
smn2
TO:-
1.The Secretary to Government of Tamil Nadu,
Department of Law,
Secretariat, St. George Fort,
Chennai - 600 009.
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2.The Director,
Directorate of Legal Studies,
Purusavakkam, Kilpauk,
Chennai - 600 010.
3.The Principal,
Government Law College,
Dr.Thangaraj Salai,
Tallakulam, Madurai - 625 020.
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VIVEK KUMAR SINGH, J.
smn2
Order made in
Dated:
19.06.2025
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