Madhya Pradesh High Court
Dr Ekta Joshi vs Rajmata Vijayaraje Scindia Krishi ... on 22 June, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 22nd OF JUNE, 2023
WRIT PETITION No. 12390 of 2023
BETWEEN:-
DR. EKTA JOSHI D/O SHRI RAJENDRA KUMAR
JOSHI, AGED ABOUT 36 YEARS, OCCUPATION:
PROFESSOR R/O- NEHRU COLONY THATIPUR
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KRISHNA KARTIKEY SHARMA - ADVOCATE)
AND
1. RAJMATA VIJAYARAJE SCINDIA KRISHI
VISHWAVIDYALAYA THROUGH ITS VICE
CHANCELLOR RACE COURSE ROAD NEAR
MELA GROUND GWALIOR (MADHYA
PRADESH)
2. THE REGISTRAR RAJMATA VIJAYARAJE
SCINDIA KRISHI VISHWAVIDYALAYA RACE
COURSE ROAD NEAR MELA GROUND
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SANJEEV KUMAR MISHRA - ADVOCATE FOR RESPONDENT
NO.1)
This petition coming on for hearing this day, the court passed the
following:
ORDER
The present petition under Article 226 of the Constitution has been 2 filed by the petitioner being crestfallen by the order dated 25.05.2023 (Annexure P/1) passed by the Registrar, Rajmata Vijayaraje Scindia Krishi Vishwadiyalaya, whereby the petitioner who is working as Scientist (Agronomy) at Agriculture College Gwalior, has been transferred to Agriculture College Khandwa.
2. It is the submission of the learned counsel for the petitioner that petitioner was appointed as Scientist (Agronomy) vide appointment order dated 18.05.2016. She was working as Scientist since then at respondent No.1/University. Counsel referred the circular dated 27.01.2020 issued by the Indian Council of Agriculture Research (ICAR), New Delhi, wherein practice of deployment of employees of Krishi Vigyan Kendra for the work of University is deprecated. It is further submitted that by virtue of of his appointment, she cannot be transferred except at University Headquarter, Gwalior, therefore, the said action of respondents is bad in law.
3. Another ground raised by the counsel for the petitioner is humanitarian ground and submitted that she is having domestic dispute with her husband and therefore, case is pending before the Principal Judge, Family Court, Gwalior regarding maintenance. Out of the wedlock, she is having one girl child Ms. Ashi Sharma aged 5 years and she is studying at Gwalior. If petitioner is transferred to a distant place at Khandwa then she may have to live alone without any support system where mischief may be caused by her husband with whom she is having dispute. Petitioner is having bright academic career and several Ph.D students are enrolled under her and if she is transferred then future of those Ph.D. students would be jeopardized. At Khandwa she cannot perform her research work because Post Graduate and Ph.D. students are at Gwalior whereas Khandwa has 3 under graduate courses only.
4. In rejoinder, the petitioner raised the point regarding status of Shri D.K. Paliwal who is transferred in place of the petitioner. According to her, Shri Paliwal is subject matter specialist which is related to Krishi Vigyan Kendra and he is not the employee of university. Even O.I.C of the case Dr. Neeraj Hada who was a scientist but worked at Krishi Vigyan Kendra, Sheopur for considerable period of time.
5. Per contra, learned counsel for the respondents opposed the prayer by way of return and submitted that the petitioner is working as Scientist under the All India Coordinated Research Project on Groundnut Scheme (AICRP- Groundnut Scheme) and working since 18.05.2016. Petitioner alongwith 20 other employees were transferred on the basis Administrative Exigencies. Her post is transferable which is reflected from her own appointment order dated 18.05.2016 filed as Annexure R/1. While referring different judgments passed by the Apex Court and this Court from time to time including the judgments of Union of India and others Vs. S.L. Abbas reported in AIR 1993 SC 2444, Gujarat Electricity Board and another Vs. Atmaram Sungomal Poshani reported in (1989) 2 SCC 602 and in the case of State of U.P. and another Vs. Siya Ram and another reported in (2204) 7 SCC 405 and in the case of R.S. Chaudhary and others Vs State of M.P. and others reported in ILR (2007) MP 1329 and referred the limited scope of interference in transfer matters.
6. It is further submitted that Shri D.K. Paliwal has joined at Gwalior on 05.06.2023 and therefore, post is occupied as such.
7. Heard the learned counsel for the parties at length and perused the 4 documents appended thereto.
8. Transfer is an incident of service. No one much less petitioner has any vested right to be posted at a particular place of posting. It is well settled in law that employer is the best judge to organize its work force and it is also well settled in law that a transfer order cannot be subjected to judicial review unless and until same is found to be influenced by mala fide or arbitrary exercise of powers which petitioner fails to do so. Concept of equality as enshrined under Articles 14 and 16 of Constitution of India, has no application to the cases of transfers.
9. In the present case, petitioner who was working as Scientist (Agronomy) at Agriculture College, Gwalior since 2016. Under the aegis of university, five agriculture colleges function namely Gwalior, Khandawa, Indore, Sehore and Mandsaur. Therefore, persons like petitioner can be transferred to these agriculture colleges because of Administrative Exigencies. This Court in Writ Petition No.12277/2023 (Dr. P.D. Singh Vs. Registrar, Rajmata Vijyaraje Scindia, Krishi Vishwavidyalaya) vide order dated 16.06.2023 dismissed the petition preferred by the similarly placed professor. Therefore, instant matter lacks merits.
10. However, personal reasons assigned by the petitioner wherein she categorically submitted that she is living alone and maintaining her five years old girl child and legal proceedings are going on between petitioner and her husband and she has to keep well being and security of her girl child. That aspect deserves consideration sympathetically. Reason is obvious that her safety and well being may be jeopardized in the moment of audacity of her husband. Therefore, to the limited purpose of consideration 5 on such humanitarian ground, petitioner is relegated back to the authority and given liberty to file a detail representation incorporating all details into it to be addressed to the Vice Chancellor of Rajmata Vijyaraje Scindia, Krishi Vishwavidyalaya. If such representation is received by the Vice Chancellor then it is expected that Vice Chancellor shall consider the same on humanitarian ground and thereafter ensure passing appropriate order on merits of the case.
11. Needful be done within two weeks from the date of passing of this order.
12. Since incumbent has joined in place of the petitioner at transferred place of posting, therefore, transfer order is not stayed, however; no coercive action shall be taken against the petitioner till representation is decided. If the authority comes to the conclusion that the petitioner on her personal grounds/humanitarian grounds can be accommodated in the university or nearby vicinity then order shall be passed accordingly. In case of rejection, reasoned order shall be passed under due intimation to the petitioner.
13. Accordingly, petition stands allowed and disposed of in above terms.
(ANAND PATHAK) JUDGE Rashid RASHID Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed1954237f632 4416af3985b5e9940ed42, KHAN pseudonym=D0D045404B6F6AB1225B3600B86B72153386B ADD, serialNumber=111CC474A72B078DC9A89F3CB13BB668FD8E 0E91BEDA3CB721BBD836D768B09C, cn=RASHID KHAN Date: 2023.06.26 12:08:48 +05'30'