Madhya Pradesh High Court
Dr. Rakesh Kumar Pandey vs The State Of Mp on 17 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:26215
1 WP-20198-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 17th OF JUNE, 2025
WRIT PETITION No. 20198 of 2025
DR. RAKESH KUMAR PANDEY
Versus
THE STATE OF MP AND OTHERS
Appearance:
Shri Aditya Khandekar - Advocate for the Petitioner.
Shri Yogesh Dhande - Government Advocate for the
Respondents/State.
ORDER
The present petition has been filed challenging the transfer Order Annexure P-1 whereby the petitioner who is working as lecturer in Mining and Surveying Engineering has been transferred from Polytechnic College, Khirsadoh, District Chhindwara to Polytechnic College, Shahdol.
2. Learned counsel for the petitioner while assailing the transfer Order has raised a singular ground that the petitioner could not have been transferred and that the transfer is without jurisdiction and unauthorized. It is argued that the petitioner is working in a autonomous Polytechnic College and by placing reliance on appointment Order, it is argued that the petitioner was appointed in Polytechnic College, Khirsadoh, District Chhindwara vide Order dated 11.08.2008 Annexure P-4.
3. By placing reliance on M.P. Technical Education Polytechnic Signature Not Verified Signed by: KRISHNA SINGH Signing time: 19-06-2025 17:21:37 NEUTRAL CITATION NO. 2025:MPHC-JBP:26215 2 WP-20198-2025 College (Teaching Cadre) Service (Recruitment) Rules, 2004 (for short, hereinafter referred to as Rules 2004), it is stated that all the Polytechnic Colleges have been converted into autonomous bodies controlled by separate societies and the erstwhile Cadre of lecturers in Polytechnic Colleges has been converted into dying cadre.
4. The petitioner was appointed in Polytechnic College, Khirsadoh, District Chhindwara and if he is transferred to another Polytechnic College it would amount to deputation for which his consent would be required.
5. By further placing reliance on the Rules of 2004 as amended vide amendment of 2017 dated 22.11.2017 as corrected vide corrigendum dated 06.12.2017, it is argued that the petitioner could only have been transferred in terms of Rule 13 (11) (C) which confers general power on the State Govt.
to transfer by way of deputation from one Society to another.
6. It is contended that the impugned Order Annexure P-1 has been issued in terms of Rule 13 (11) (A) whereas the said provision only relates to power of transfer being with the State Govt. upon serious illness or disability and not otherwise. It is argued that the present case is not a case of illness or disability and therefore, the State Govt. could not have transferred the petitioner as the provision under which he has been transferred does not grant any authority or competence to the State as the grounds of transfer available under the said provision do not exist in the case of petitioner.
7. Per contra, learned counsel for the respondents had argued that the question of the employee of the erstwhile cadre of the State Govt. holding the post of lecturer being transferred to autonomous societies has been Signature Not Verified Signed by: KRISHNA SINGH Signing time: 19-06-2025 17:21:37 NEUTRAL CITATION NO. 2025:MPHC-JBP:26215 3 WP-20198-2025 settled by this Court in W.P.No.13933/2021 and such transfers have been held to be permissible as per law. It is contended that the present case is a case of transfer from one autonomous society to another and the power is duly there as per Rule 13 (11) (C).
8. Upon hearing learned counsel for the rival parties, it is seen that though the petitioner is shown to be appointed in the autonomous society of Govt. Polytechnic College, Khirsadoh, District Chhindwara but it is undisputed that such Polytechnic Colleges have been established by the State and are owned and controlled by the State. Only for the purpose of administrative convenience and proper administration, different societies have been established for running such Polytechnic Colleges. Otherwise, the status of these colleges being Government Colleges has not been effected.
9. The questioned Rule 13 (11) as inserted in the Rules of 2004 vide notification dated 22.11.2017 and as corrected vide corrigendum dated 06.12.2017 is as under:-
"(11) (A) in case of serious illness or any disease such as Cancer, Kidney failure etc. or disability or in cases of married/divorce/widow woman, the following provisions shall apply for deputation/merger of the lecturers, from one institute to another, appointed in the Polytechnic Colleges under autonomy, namely:-
(i) The Government may consider the matter of deputation/merger of any lecturer under the rules enforceable at that time only if the applicant submits the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 19-06-2025 17:21:37 NEUTRAL CITATION NO. 2025:MPHC-JBP:26215 4 WP-20198-2025 application along with the 'No Objection Certificates' obtained from both the institutes i.e. where the applicant is working and where he/she wishes to render the services.
(ii) In such cases where the applicant has been transferred from one society to another, the Government may consider the matter if the applicant submits an application for merger along with the 'No Objection Certificates' obtained from both the institutes ie. where he/she is working and the institute where he/she wishes to render the services.
(iii) The cases as provided under sub-clauses (i) and (ii) above, shall be considered only when the same vacant post/class of the post is available, which the applicant holds.
(B) (ख) If any officer or employee fails to perform his duties assigned to him under these rules, then the Government may transfer his services to any other institute.
(C)(ग) In case of availability of the vacant post, the Government may appoint on deputation the teachers/principals working on deputation, in the Government Cadre from one society to another for a period as may be specified in order, and in case where Signature Not Verified Signed by: KRISHNA SINGH Signing time: 19-06-2025 17:21:37 NEUTRAL CITATION NO. 2025:MPHC-JBP:26215 5 WP-20198-2025 such period of deputation expires but he/she is not relieved from the institute, the period of deputation shall be deemed to have been extended till he renders his services in the institute where he/she was appointed."
10. It is evident from perusal of the aforesaid Rule that the transfer under Rule 13 (11) (A) can be ordered only on occurrence of the contingencies as mentioned in clause i, ii and iii of the said Rule. As per Rule 13 (11) (B), State is having power to transfer the employee in case of failure to perform duties and as per 13 (11) (C), there is a general power vested in the Govt. to post any employee either of the autonomous society or of the Govt. cadre to any other Polytechnic College in case there is any vacancy in the other College. Therefore, it is evident that the Govt. has retained in itself the general power of transfer so as to manage the man power available with the Government and avoid vacancies in Polytechnic Colleges.
11. The Govt. can transfer any lecturer from one Polytechnic College to another in case there is vacancy in the other Polytechnic College. This is for the purpose that education and academic activities in all the Polytechnic Colleges should function smoothly. If the man power in each Polytechnic College is closed into strict compartments then in those Polytechnic Colleges where there is shortage of man power, the academic activity would suffer unless direct recruitment is made which consumes a lot of time.
12. It is not disputed that the Order has been issued under Rule 13 (11) Signature Not Verified Signed by: KRISHNA SINGH Signing time: 19-06-2025 17:21:37 NEUTRAL CITATION NO. 2025:MPHC-JBP:26215 6 WP-20198-2025 (A) wherein the power of transfer is only on occurrence of some special contingencies as mentioned in the said provision while the general power to fill up the vacancy in any College is provided by way of Rule 13 (11) (C).
13. It is not the case of transfer being ordered without competence or authority. It seems to be a case of quoting of wrong provision in the Order which could be by inadvertence. Otherwise, it is not disputed that power of transfer is with the State Govt. to fill up vacancies in any Polytechnic College under Rule 13 (11) (C). Mentioning Rule 13 (11) (A) is therefore inadvertent by a clerical or ministerial error which cannot be made the reason to quash the entire Order once the other provision of the same Rule i.e, 13 (11) (C) authorizes the transfer in the manner it has been made in the present case.
14. Therefore, finding no ground to interfere in the impugned transfer Order, the petition is dismissed.
15. Learned counsel for the petitioner at this stage, submits that the petitioner is before this Court since 06.06.2025 and hence, no coercive action should be taken against the petitioner.
16. The prayer appears to be reasonable. Therefore, it is observed that no coercive steps be taken against the petitioner for not joining at the transferred place of posting upto 3 days from the date of this Order.
(VIVEK JAIN) JUDGE veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 19-06-2025 17:21:37