In this writ petition, an Assistant Professor challenged her transfer from Mannuthy to Pookode. The court stayed the transfer until March 31, 2016, considering administrative lapses and the third respondent's withdrawal of the request.
Transfer of the petitioner kept in abeyance till 31.03.2016
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 W.P.(C).No.16242 of 2015 (E)
PETITIONER(S):-
DR.NAICY THOMAS, AGED 35 YEARS, ASSISTANT PROFESSOR, DEPARTMENT OF ANIMALGENETICS AND BREEDING, COLLEGE OF VETERINARYAND ANIMAL SCIENCES, MANNUTHY, THRISSUR, PIN - 680 651.
BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.L.ANNAPOORNA.
RESPONDENT(S):-
R1 & R2 BY STANDING COUNSEL SRI.MILLU DANDAPANI R3 BY ADV. SRI.R.V.SREEJITH.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16242 of 2015 (E)
APPENDIX
PETITIONER(S)' EXHIBITS:-
| EXT.P-1: |
TRUE COPY OF THE ORDER NO.KVASU/GA/A/428/2015(xxxiii) DATED 28.5.2015 OF THE 2ND RESPONDENT. |
|---|---|
| EXT.P-2: | TRUE COPY OF THE RELEVANT EXTRACT OF TRANSFER LIST OF PROFESSORS/ASSOCIATE PROFESSORS. |
| EXT.P-3: | TRUE COPY OF THE DRAFT TRANSFER LIST PUBLISHED BY THE UNIVERSITY ON 5.5.2015. |
| EXT.P-4: | TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER. |
| EXT.P5 | TRUE COPY OF THE ORDER NO.GA/C3/18783/10 DATED 27.08.2010 OF THE REGISTRAR OF THE UNIVERSITY. |
| EXT.P6 | TRUE COPY OF THE ORDER NO.GA/A/856/2013(ii) DATED 13.11.2013 OF THE REGISTRAR OF THE UNIVERSITY. |
| EXT.P7 | TRUE COPY OF THE ORDER NO.COVAS/PKT/1760/2004 (ii) DATED 05.01.2005 OF THE ASSOCIATE DEAN, COLLEGE OF BVETERINARY AND ANIMAL SCIENCES, POOKOT. |
| EXT.P8 | TRUE COPY OF THE ORDER NO.GA/A/856/2013 DATED 17.03.2015 OF THE REGISTRAR OF THE UNIVERSITY. |
RESPONDENT(S)' EXHIBITS:-
K. Vinod Chandran, J
-------------------------------------W.P.(C).No.16242 of 2015-E
Dated this the 09th day of November, 2015
JUDGMENT
On the peculiar circumstances coming to fore in the above case, it is to be noticed, at the outset, that this judgment does not lay down any precedent. The petitioner herein was working as an Assistant Professor in the Department of Animal Genetics and Breeding in the College of Veterinary and Animal Sciences, Mannuthy. She challenged the transfer order, at Exhibit P1, by which she was transferred and posted at the
College of Veterinary and Animal Sciences, Pookode in Wayanad District. The transfer was obviously on the request made by the 3rd respondent.
and say that he/she does not press the request; after the transfer itself is effected. The University in making such
WP(C) No.16242 of 2015 - 2 -
transfers before the commencement of the academic year would also be considering the administrative exigencies and also the need to transfer the teachers who are continued in a post beyond the normal tenure. However, in the present case it is to be noticed that the 3rd respondent has given the transfer request far beyond the period stipulated in the norms.
WP(C) No.16242 of 2015 - 3 -
the petitioner's name did not figure in the provisional list published as per Exhibit P3. The grievance put forward by the learned counsel for the petitioner is that teachers would have considerable difficulty in getting school admissions to children and it is to avoid that, the University itself has, by its norms, provided for a proposal to be published by way of a list, before 15th of March. Only in that context, the transfer now made of the petitioner at Exhibit P1 shall be kept in abeyance till 31.03.2016; since the 3rd respondent does not press his request for transfer and also considering the fact that now considerable time has elapsed from the commencement of the academic year. The petitioner, however, would be liable to be transferred as indicated in the impugned order, in the next academic year, unless the University takes a decision to the contrary.
The writ petition is disposed of as above.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
3 issues framed by the court
Whether an Assistant Professor's transfer order, filed beyond the stipulated time, should be kept in abeyance to avoid disruption of school admissions.
Whether the transfer of the petitioner should remain suspended until the next academic cycle given the third respondent's withdrawal of the transfer request.
How disputes over inter-college teacher transfers under university norms should be disposed of when procedural timelines are missed.
Dr. Naicy Thomas
Kerala Veterinary and Animal Sciences University
The Vice Chancellor
Dr. C. N. Dinesh
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
