Kerala High Court
B.Vishnu vs Kerala Agricultural University on 14 July, 2016
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 28TH DAY OF NOVEMBER 2017/7TH AGRAHAYANA, 1939
WP(C).No. 34400 of 2017 (Y)
----------------------------
PETITIONER:
----------
B.VISHNU,
AGED 47 YEARS, S/O V.BALAKRISHNAN,
PRESENTLY WORKING AS ASSOCIATE PROFESSOR,
SOIL AND WATER CONSERVATION ENGINEERING,
KELAPPAJI COLLEGE OF AGRICULTURE ENGINEERING
AND TECHNOLOGY (KCAET), TAVANUR P.O. 679573.
BY ADV. SRI.K.S.BHARATHAN
RESPONDENT:
----------
KERALA AGRICULTURAL UNIVERSITY
VELLANIKKARA, TRHISSUR, PIN 680656,
REPRESENTED BY ITS REGISTRAR.
BY ADV. SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-11-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 34400 of 2017 (Y)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT-P1: TRUE COPY OF THE ORDER OF PROMOTION DATED 14.07.2016 PASSED BY
THE RESPONDENT.
EXHIBIT-P2: TRUE COPY OF THE JUDGMENT DATED 14.08.2009 IN RP NO.11/2009.
EXHIBIT-P3: TRUE COPY OF THE ELECTORAL ROLL DATED 23.08.2017.
EXHIBIT-P4: TRUE COPY OF THE ORDER OF TRANSFER DATED 21.10.2017.
EXHIBIT-P5: TRUE COPY OF THER REVISED GUIDELINES FOR TRANSFER AND POSTINGS OF
THE RESPONDENT DATED 17.04.1999.
EXHIBIT-P6: TRUE COPY OF THE PRO FORMA INDICATING PREFERRED STATIONS OF
TRANSFER.
EXHIBIT-P7: TRUE COPY OF THE COURSE CATALOGUE AND SYLLABUS OF B.SC. HONS
(AGRICULTURE) PROGRAM.
EXHIBIT-P8: TRUE COPY OF THE ORDER DATED 27.9.2017 BEARING NO.GA/C3/8579/2017
EXHIBIT-P9: TRUE COPY OF THE TIME TABLE FOR ALL THE SEMESTERS, DATED
26.8.2017
RESPONDENT(S)' EXHIBITS
-----------------------
EXHIBIT-R1: TRUE COPY OF THE LETTER DATED 8.9.2017
EXHIBIT-R2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY N.SREEHARI
EXHIBIT-R3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY N.SREEHARI
EXHIBIT-R4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY N. SREEHARI
EXHIBIT-R5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY N. SREEHARI
EXHIBIT-R6: TRUE COPY OF THE LETTER DATED 7.10.2017 ISSUED FROM THE OFFICE OF
THE CHANCELLOR
EXHIBIT-R7: TRUE COPY OF THE DIRECTION VIDE NO.1872458/17M
EXHIBIT-R8: TRUE COPY OF THE ORDER DATED 27.9.2017
TRUE COPY
P.S. TO JUDGE
EL
P.V.ASHA, J.
--------------------------
W.P(C) Nos.34400 of 2017-Y
-------------------------------------------
Dated this the 28th day of November, 2017
JUDGMENT
Petitioner is challenging Ext.P4 order issued by the Kerala Agricultural University ('the University' for short) on 21.10.2017 by which petitioner and another Assistant Professor were transferred to the College of Agriculture, Padannakkad from their respective colleges with immediate effect. It was stated that the Associate Dean, College of Agriculture, Padannakkad as per letter dated 17.10.2017 informed that the acute shortage of teaching faculty in the college was drastically affecting the academic program of the college. Apart from that the Honourable Governor, Government of Kerala and Chancellor of the University as well as the Hon'ble Minister for Agriculture, Kerala and Pro Chancellor of the University have directed the University to take immediate measures to address the grievances of the students of the college of Agriculture at Padannakkad.
2. Petitioner is an Associate Professor in Soil and Water Conservation Engineering working at Kelappaji College of Agriculture OP NO. 2 Engineering and Technology, Tavanur. He was granted Career advancement promotion as Associate Professor as per Ext.P1 order dated 14.07.2016. As per Ext.P4 order dated 21.10.2017, he is transferred to College of Agriculture at Padannakkad.
3. The petitioner submits that on 27.10.2008, he was transferred from Regional Agricultural Research Station, Pilicode to KCAET, Tavanur. He also states that on an earlier occasion while he was working at Krishi Vigyan Kendra, Manjeshwar in Kasaragod, he was transferred to Tavanur. He had challenged his transfer to Pilicode ordered in 2008 and that this Court in Ext.P2 order in R.P.No.11 of 2009, found that his transfer was on a non existent reason and hence set aside the same. Petitioner alleges that his present transfer is on extraneous consideration as a part of victimisation. He points out that there is only 3 hours earmarked for his subject i.e Soil Conservation and Water Engineering, for which there is already one Professor and there is no post in Soil Conservation and Water Engineering.
4. The petitioner pointed out that he is already performing outstation duty and he could not have been chosen for transfer. He alleges that there are several teachers in the discipline in which teachers are required and in his discipline also who are never subjected to any transfer. OP NO. 3 According to him, there are several teachers who are in need of a transfer to Padannakad as well as several teachers who are working/residing in nearby institutes/stations.
5. I.A. No.17530 of 2017 was filed seeking amendment of the writ petition, producing Ext.P8 order of the 1st respondent issued on 27.09.2017, directing 10 Assistant Professors in various disciplines, who were already accorded sanction to rejoin duty after their study leave, to handle classes in the College at Padannakkad, as was already instructed as per its order dated 15.08.2017. Simultaneously, 4 other teachers including two Professors and one Associate Professor were also directed to handle classes at Padannakkad without prejudice to their normal duties in their respective Colleges.
6. Ext.P9 is the list of UG Courses and PG courses run at the College, and the time table at Padannakkad, as forwarded by the Associate Dean to the teachers. According to the petitioner, the scarcity of teachers, as seen from Ext.P9 is not in the discipline in which the petitioner is qualified and there is no hours of study alloted or vacant slots in which he can engage classes. The list of courses offered for M.Sc First Semester and Second Semester would show that requirement of teachers is in the subject Agronomy and for the course in Agronomy. It is OP NO. 4 therefore stated that his transfer is not at all required.
7. He also points out that he is neither the senior most nor the junior most in the subject in the college in which he is working or in the University. Therefore, there is no reason to choose him for the transfer. Referring to Ext.P3 electoral roll, the petitioner has stated that there are a number of teachers in various colleges in the discipline in which there is shortage in the College at Padannakkad; but the respondents do not adopt any proper procedure in accordance with norms to transfer those who require a posting there. He has furnished the names of teachers who are never transferred and that of certain teachers who did not join duty despite the order of transfer. According to the petitioner, he has served in far off stations several times and hence he is not liable to be transferred except after his juniors or seniors are transferred. He further submits that he is demoted by the transfer by posting him as an Assistant Professor. His contention is that transfer can be effected only in accordance with the norms formulated by the University and that has to be done after calling for option.
8. In the counter affidavit filed by the 1st respondent the reason stated is that there is acute shortage of teaching staff. Apart from that they OP NO. 5 have produced Exts.R1 to R8 documents, based on which the impugned transfer order was issued. It is further stated that Ext.R8 order was issued on 27.9.2017 directing some of the teachers to render their services at the College of Agriculture, Padannakkad during the first semester of the academic year 2017-18 without affecting their normal duties. It is the case of the respondents that the order of transfer was issued in the light of the tense situation prevailing in the College of Agriculture, Padannakkad due to students' unrest as informed by the Associate Dean based on which the Chancellor as well as the Pro-Chancellor had directed to take immediate action to solve the problem. It is also pointed out that out of the 781 posts of teaching staff in the University, 50% of them are lying vacant and that though the University is taking steps for recruitment of Assistant Professors, since the process of direct recruitment is time consuming, the University has decided to transfer some of the teachers to the College of Agriculture. It is also pointed out that majority of the P.G courses in the college are having practicals and the courses are designed to be taught by teachers with vast experience and expertise in the research. It is further stated that the teaching of the courses by Teaching Assistants and the teachers engaged on daily wages has affected the quality of courses which affects the students OP NO. 6 adversely. It is also their case that the order of transfer is issued in public interest and orders of transfer issued in public interest to protect the interest of institution is not liable to be interfered with.
9. Ext.R1 is a letter dt.08.09.2017 of the Associate Dean informing the Registrar that Dr.T.K.Bridgit, Professor and Head of Department of Agronomy has informed that it will be extremely difficult to offer courses to the P.G students for the academic year 2017-18 without a minimum of 3 permanent teachers. It was pointed out that 2 teachers were deputed last time for handling classes and that in the ensuing semesters there are 4 post graduate and 6 under graduate courses; the teaching assistants cannot handle post graduate classes. With the 2017 admissions, the number of courses to be offered by the department will come to 9 to 10 (3 U.G courses plus 3 or 4 P.G courses); she is presently guiding 2 students whose field works have already started and therefore guiding 3 more students is practically impossible; majority of the courses are having practicals; stating that the problem of shortage of teaching faculty is not resolved even after repeated requests to the University, which adversely affects the quality of teaching, to the prejudice of the students, she requested to post at least 2 teachers in the department of Agronomy. List of courses OP NO. 7 available for handling by the visiting teachers were as given below:
"PG Programme
1. Agron.501 - Modern concepts in crop production (3+0)
2. Agron.502 - Principles and practices of soil fertility and nutrient management (2+1)
3. Agron.503 - Principles and practices of weed management (2+1)
4. Agron.504 - Principles and practices of water management (2+1) UG courses
1. Agron.1101 - Fundamentals of Agronomy (2+1)
2. Agron.1102 - Agricultural Heritage (1+0)
3. Agromet.1101 - Introductory Agro Meteorology and Climate Change
4. Agron.2105 - Field Crops 1 (2+1)
5. Agron.3`08 - Cropping pattern and farming system (1+1)."
10. Ext.R2 is a memorandum submitted by Sri N.Sreehari, Secretary of SFI Unit, College of Agriculture, Padannakkad to the Registrar pointing out the acute shortage of teaching faculty in the College. His complaint is that: there are only about 10 permanent teachers as against the required 65; at least 20 permanent teachers are required emergently, as the regular process of recruitment initiated by the University is likely to take time; appropriate action is necessary discontinuing the discriminatory attitude towards the College of Agriculture, Padannakkad, failing which the students would be compelled to resort to indefinite strike. Ext.R3 is also a letter of Sri. Sreehari, addressed to the Chief Minister pointing out the shortage of teachers in the College complaining inaction in solving the OP NO. 8 problem, even after assurances. He complained that the students as well as the College of Agriculture, Padannakad were totally neglected and are subjected to discriminatory treatment. He stated that about 10 teachers were deputed for undergoing Ph.D and even the teachers, who are interested in working at Padannakkad are transferred to far off place. Ext.R4 is his letter to the Vice Chancellor on the very same issue informing that the students will have to resort to strike in case the problem is not solved immediately. Ext.R5 is a report of the Registrar with respect to the queries/clarifications sought in respect of the situation in the college with respect to the complaints on the shortage of teachers. The Registrar informed that as per order dated 27.9.2017 (Ext.R8), all the 10 teachers who completed their study leave and 4 teachers who are working in other centres of the University were directed to take classes in the College at Padannakad. It was also informed that the University has, as per notification dated 03.03.2016 initiated proceedings for fresh selection of Assistant Professors and steps are afoot for publication of rank list and the vacancies in the teaching posts in the College would be filled up on its finalisation. Ext.R6 is the letter dated 07.10.2017 addressed to the Vice Chancellor of the University from the Secretary to Governor calling for a report on the OP NO. 9 complaint of Sri. Sreehari informing that the students will resort to protests and strike in case the problem of shortage of teaching faculties in the College was not solved. Ext.R7 is a letter dated 20.10.2017, from the Minister for Agriculture directing to take emergents steps on the issue, forwarding the complaint he received from the SFI leader Sreehari.
11. On consideration of the rival contentions on either side, it is clear that there is acute shortage of teaching faculties in the College of Agriculture, Padannakad. It is also seen that the order transferring the petitioner issued on 21.10.2017, was pursuant to the instructions the respondents received from the Governor and the Minister for Agriculture who are the Chancellor and Pro-Chancellor respectively of the University to take steps to solve the problems faced by the College. It would appear that the order of transfer is issued in public interest and normally in such circumstances, this Court will not be justified in interfering with such a transfer.
12. But the specific case of the petitioner, with the support of the time table and the letter of the Associate Dean of the College is that there is no shortage or any course of study, which the petitioner can handle, available in the institution. The 1st respondent has not answered the contention of the petitioner that there is no shortage in the discipline in OP NO. 10 which he is qualified, i.e in Soil Science and Water Engineering.
13. In the counter affidavit there is no answer to the specific contention of the petitioner in the writ petition as well as the affidavit in support of the I. A for amendment, that there is no scarcity in the discipline in which the petitioner can engage classes and that scarcity is in other subjects. Even though the learned Standing Counsel furnished a list containing the details of the course run in the college, the posts sanctioned, vacancies, etc., I am unable to arrive at any conclusion from it as to any requirement of a teacher in Social Science and Water Engineering. Petitioner's contention is that there is only 3 hours for which there is already a Professor working in the College and that he is not competent to take classes in any subject in which he is not qualified, as provided in the UGC Regulations.
14. Even though the norms itself provide for transfers in public interest notwithstanding any of the other provisions in the norms and transfers are permissible in public interest, especially to meet the immediate requirement of teachers in a college, transfer of the petitioner, in case there is no shortage for the subject he can handle, as per UGC Regulations, cannot be permitted.
OP NO. 11
There cannot be any dispute on the power vested in the University to transfer a teacher from one College to another. But when the transfer is ordered to meet the shortage of teaching faculty and the allegation of the petitioner relying on materials produced before this Court is that there is no shortage in the discipline of Soil and Water Conservation Engineering and that allegation is not controverted, I deem it fit to direct the respondent to consider the specific contention of the petitioner, after affording an opportunity of hearing to him, and to pass orders within a period of three weeks. Till such time, the operation of Ext.P4 order to the extent it relates to the petitioner shall be kept in abeyance.
The writ petition is disposed of with the above directions.
Sd/-
(P.V.ASHA, JUDGE) rtr/