Citations: 2025 KER 33518
High Court of Kerala at Ernakulam
N. Nagaresh, J.
W.P.(C) No.11018/2025; May 13, 2025
Dr. Sangeetha S v. State of Kerala & Ors.
Inter-University Transfer – Mahatma Gandhi University Act, 1985, Section 68A
Transfer of Assistant Professor from DB Pampa College (Mahatma Gandhi University) to DB College, Sasthamcotta (Kerala University) without consent – Held, inter-university transfer permissible only on written request of teacher with three years of service – Transfer order (Ext.P4) quashed for violating statutory provision – Petitioner to be retained at DB Pampa College – Transfer caused undue hardship and was vitiated by illegal appointment of junior teacher.
Facts
Dr. Sangeetha S, an Assistant Professor (Botany) at DB Pampa College, Parumala (Mahatma Gandhi University), appointed on November 9, 2017, was transferred to DB College, Sasthamcotta (Kerala University) via order Ext.P4 dated March 14, 2025. The transfer was allegedly to accommodate the 9th respondent, Jincy, whose appointment at DB Pampa College was not approved due to an excess permanent teacher at DB College, Thalayolaparambu. The 8th respondent, Ajitha D, senior to the petitioner, was transferred back to DB Pampa College from Thalayolaparambu, necessitating the petitioner’s inter-university transfer. The petitioner challenged the transfer, arguing it violated Section 68A of the Mahatma Gandhi University Act, 1985, as it was without her consent and caused undue hardship.
Issues
- Whether the inter-university transfer of the petitioner without her consent violated Section 68A of the Mahatma Gandhi University Act, 1985.
- Whether the transfer order (Ext.P4) was legally sustainable given the alleged illegal appointment of the 9th respondent and the resultant hardship to the petitioner.
Holding
The court held that the transfer order (Ext.P4) was illegal and unsustainable as it violated Section 68A, which mandates that inter-university transfers require the written request of a teacher with three years of service. The court quashed Ext.P4 and directed respondents to retain the petitioner at DB Pampa College.
Reasoning
The court found that Section 68A explicitly requires a teacher’s written consent for inter-university transfers, which was not obtained in the petitioner’s case. The transfer was necessitated by the unapproved appointment of the 9th respondent and the transfer of the 8th respondent back to DB Pampa College. The court rejected the respondents’ reliance on Johnson George v. State of Kerala [2003 (2) KLT 676], noting it did not consider Section 68A, and distinguished Pubi Lombi v. State of Arunachal Pradesh [2024 KHC 6135], as the petitioner’s transfer violated a statutory provision, not merely public interest. The transfer caused significant hardship, including loss of seniority and inability to return to the home station, as Section 68A permits only one inter-university transfer. The court also relied on its prior ruling in W.P.(C) No.34296/2017, reinforcing the consent requirement.
Disposition
The writ petition was allowed, Ext.P4 was set aside, and respondents 4, 6, 7, and 10 were directed to retain the petitioner at DB Pampa College, Parumala under Mahatma Gandhi University.