Secretary vs Principal Secretary on 23 September, 2025

[Cites 11, Cited by 0]

Kerala High Court

Secretary vs Principal Secretary on 23 September, 2025

The common issue that arises in these writ appeals is whether an Educational Agency, which has colleges under the jurisdiction of different Universities, can transfer a Teacher from one college under a University to another college under a different University without the written request of the Teacher? Since the issue to be decided in all these writ appeals is the same, they are heard together and are being disposed of by way of this common judgment.

W.A.No.1442 of 2025

2. Respondents 6 and 7 in W.P.(C) No.11018 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 13.05.2025 passed by the learned Single Judge, whereby the writ petition filed by the 1 st respondent herein was allowed by setting aside Ext.P4 order dated 14.03.2025 issued by the Educational Agency, namely, the Travancore Devaswom Board, transferring the 1st respondent from Devaswom Board Pamba College, Parumala, Pathanamthitta under Mahatma Gandhi University ('M.G.University' in short) to Kumbalathu Sankupillai Memorial Devaswom Board College, WA NOs.1442,1098 & 1099 OF 2025 9 2025:KER:70610 Shasthamkotta under Kerala University and directing to retain the 1st respondent at Devaswom Board Pamba College, Parumala, under M.G.University.

2.1. Going by the averments in W.P.(C)No.11018 of 2025, the 1st respondent was appointed as an Assistant Professor (Botany) at Devaswom Board Pamba College, Parumala, Pathanamthitta, with effect from 09.11.2017, by Ext.P1 order dated 08.11.2017. The Travancore Devaswom Board administered two colleges under M.G. University, namely, Devaswom Board College, Thalayolaparambu and Devaswom Board Pamba College, Parumala. According to the 1st respondent, as per the order issued in the year 2020, there exist only 5 sanctioned posts in these two colleges, which were distributed as two sanctioned posts at Devaswom Board College, Thalayolaparambu, and three sanctioned posts at Devaswom Board Pamba College, Parumala, Pathanamthitta. In the year 2019, the 7th respondent Smt.Ajitha D. sought a transfer to Devaswom Board College, Thalayolaparambu, where an excess post of 12 hours existed in addition to the two sanctioned posts. Accordingly, she was transferred to Devaswom Board College, Thalayolaparambu, from Devaswom Board Pamba College, Parumala, resulting in a WA NOs.1442,1098 & 1099 OF 2025 10 2025:KER:70610 distribution ratio of three posts at Devaswom Board College, Thalayolaparambu, and two posts at Devaswom Board Pamba College, Parumala. Subsequently, the Government issued Ext.P2 Workload Statement of sanctioned posts and workload in Aided Arts and Science Colleges dated 01.04.2020 of Devaswom Board College, Thalayolaparambu, whereby it is made clear that the eligible sanctioned posts at Devaswom Board College, Thalayolaparambu, are two, with an additional excess post held by the 7th respondent. By Ext.P3 Workload Statement of sanctioned posts and workload in Aided Arts and Science Colleges dated 01.04.2020 of Devaswom Board Pamba College, Parumala, it was revealed that there are three sanctioned posts at Devaswom Board Pamba College, Parumala, with one post in excess. Due to the transfer of the 7th respondent in the year 2019, one post remained in excess at Devaswom Board College, Thalayolaparambu, while a vacancy arose at Devaswom Board Pamba College, Parumala. To fill this vacancy, the 8 th respondent Smt.Jincy was appointed by the Travancore Devaswom Board on 01.06.2023 to the excess post at Devaswom Board Pamba College, Parumala. This appointment created the ratio of 3:3 in WA NOs.1442,1098 & 1099 OF 2025 11 2025:KER:70610 these two colleges, which violated the order of the year 2020 that prescribed a total of five sanctioned posts.

2.2. The 1st respondent states that in order to accommodate the 8th respondent, who is the junior most in comparison to the 1st respondent, in the post of Assistant Professor (Botany) at Devaswom Board Pamba College, Parumala, the 1st respondent has now been transferred from Devaswom Board Pamba College, Parumala under M.G.University to Kumbalathu Sankupillai Memorial Devaswom Board College, Sasthamkotta, under the Kerala University by Ext.P4 order dated 14.03.2025 issued by the Travancore Devaswom Board. Contending that the transfer was caused due to the illegal appointment of the 8th respondent and also contending that the said transfer order is in violation of the provisions under the Mahatma Gandhi University Act, 1985 ('M.G.University Act' in short), the 1st respondent filed the writ petition under Article 226 of the Constitution of India seeking the following reliefs:

"i) To issue a writ of certiorari quashing Ext.P4 which transfers the petitioner from DB Pamba College, Parumala, Pathanamthitta under Mahatma Gandhi University to Kumbalathu Sankupillai Memorial Devaswom Board College, Shasthamkotta under Kerala University as proposed therein is unjust, illegal and unsustainable;

WA NOs.1442,1098 & 1099 OF 2025 12 2025:KER:70610

ii) To issue a writ of mandamus directing the respondents to retain the petitioner at DB Pamba College, Parumala, Pathanamthitta under Mahatma Gandhi University;

iii) To issue a writ of mandamus directing the respondents to refrain from transferring the petitioner from the present college to any other college as proposed in Ext. P4;"

2.3. In the writ petition, the appellants filed a counter affidavit dated 24.03.2025, producing therewith Exts.R7(a) to R7(l) documents. It is contended in the counter affidavit filed by the appellants that there is no statutory violation in the order of transfer of the 1st respondent. It is also contended by the appellants that transfer of a Teacher from one college to another college under the management of the same Educational Agency is incidental to the service, and Ext.P4 order was issued due to administrative exigencies and necessities. There is no malice in the order of transfer, and likewise, there is no illegality in the appointment of the 8th respondent, since the Government permitted the 2nd appellant to fill the vacancy at the Botany Department of Devaswom Board Pamba College in the vacancy that arose due to the transfer of the 7th respondent to Devaswom Board College, Thalayolaparambu, in the year 2019.

2.4. The 7th respondent/8th respondent in the writ petition also filed a counter affidavit dated 29.03.2025 opposing the relief WA NOs.1442,1098 & 1099 OF 2025 13 2025:KER:70610 sought in the writ petition and producing therewith Exts.R8(a) to R8(c) documents. It is contended by the 7th respondent that at the time of her joining service at Devaswom Board College, Thalayolaparambu, there were two regular Teachers of Botany already working therein. On the joining of the 7th respondent, the total workload for Botany Teachers at Devaswom Board College, Thalayolaparambu, in 2020 stood at 46 hours a week and on eventual re-evaluation, after the introduction of a new syllabus to be introduced for Degree Second and Third years, the workload will go above 48 hours, requiring the service of three regular Teachers. The 1st respondent was selected and appointed as Assistant Professor with effect from 08.11.2017 at Devaswom Board Pamba College; whereas the 7th respondent was appointed initially at Devaswom Board Pamba College, Parumala, with effect from 11.06.2025 and was transferred to Devaswom Board College, Thalayolaparambu, by the transfer order dated 30.05.2019. Thus, the 1st respondent is junior to the 7th respondent. Even though the 8th respondent was appointed as Assistant Professor in Botany in Devaswom Board Pamba College, Parumala, with effect from 01.06.2023, against the vacancy that occurred due to the transfer of the 7th respondent, her WA NOs.1442,1098 & 1099 OF 2025 14 2025:KER:70610 appointment became surplus in Botany at Devaswom Board College, Thalayolaparambu, with only 14 working hours instead of 16 hours. Therefore, the 8th respondent was denied her salary. Under the said circumstances, with a view to protect the interest of the 8th respondent, the 7th respondent offered her willingness to transfer to Devaswom Board Pamba College, even though the same caused her considerable dislocation and inconvenience as she had to leave behind her two High school-going daughters, her husband a Physician practising at Thripunithura and her aged mother. By virtue of her written consent, she was transferred to Devaswom Board Pamba College under Ext.P4 order. Consequently, the 7th respondent joined the post of Assistant Professor in Botany at Devaswom Board Pamba College, Parumala, on 17.03.2025. Consequent to her transfer to the Devaswom Board Pamba College at Parumala, there arose surplus staff at Devaswom Board Pamba College. Under the said circumstances, the 1st respondent, who is junior to the 7th respondent, is offered a redeployment to Devaswom Board College at Sasthamcotta, which remains under the management of Travancore Devaswom Board. It was only as an interim arrangement that the deployment of the 1st respondent was WA NOs.1442,1098 & 1099 OF 2025 15 2025:KER:70610 proposed, and once the appointment of the 8th respondent at Devaswom Board Pamba College is approved, the 8th respondent has offered readiness to be transferred permanently to Devaswom Board College, Sasthamcotta.

2.5. To the counter affidavit filed by the appellants, the 1 st respondent filed a reply affidavit dated 03.04.2025, producing therewith Exts.P6 and P7 documents.

2.6. Along with I.A.No.4 of 2025, the appellants produced Exts.R7(m) to R7(q) documents in the writ petition.

2.7. After hearing both sides and on appreciation of materials on record, the learned Single Judge allowed the writ petition by the impugned judgment dated 13.05.2025, holding that Ext.P4 order of transfer of the 1st respondent is violative of Section 68A of the M.G.University Act.

W.A.No.1098 of 2025

3. This writ appeal is filed by the petitioner in W.P.(C)No.41930 of 2024, challenging the common judgment dated 13.05.2025 passed by the learned Single Judge along with W.P.(C)No.40892 of 2024, whereby the writ petition filed by the appellant was dismissed.

 WA NOs.1442,1098
& 1099 OF 2025                  16                2025:KER:70610

3.1. According to the appellant, the appellant is a corporate educational agency of aided private Arts & Science Colleges of Nair Service Society ('N.S.S' in short) affiliated to the different universities in the State of Kerala. The colleges have direct payment agreement with the government. Section 64A(i) of the Kerala University Act and the provisions of the M.G. University Act provides that once a teacher of the college settles in her home college affiliated to a university, she can be subjected to inter- University transfer only on exercising that option by her. Now the government, as well as the Universities compelled the appellant to adhere to workload, and teachers continuing on supernumerary basis shall be redeployed to substantive vacancies having sufficient workload. The appellant, in compliance with that direction, redeployed the 6th respondent, who is continuing without workload in N.S.S. Hindu College, Changanacherry, affiliated to M.G. University, to N.S.S. College, Cherthala, affiliated to University of Kerala by Ext.P4 order dated 23.09.2023. The Government on taking note of the aforesaid provision under the parent statute of the Kerala University, as well as the requirement to comply with the workload, had by Ext.P8 order dated 24.05.2024, directed the University of Kerala to resolve the issue WA NOs.1442,1098 & 1099 OF 2025 17 2025:KER:70610 through conciliation with the teacher and the management. The proceedings initiated by the University in pursuance to Ext.P8 are going on. While so, the government, by Ext.P10 order dated 12.06.2024, with no notice to the appellant, directed to cancel the transfer of the 6th respondent and to reinstate her in her home college. Now the situation is that there is no workload, even for 1 hour to accommodate the 6th respondent in her home college. Whereas the post in which she is continuing with a sufficient workload cannot be accommodated with any other person. This would result in loss of exchequer to the Government, apart from being prejudicial to the welfare of the students. Hence, the appellant filed the writ petition under Article 226 of the Constitution of India seeking the following reliefs:

"i. To issue a writ of certiorari or any other appropriate writ order or direction calling upon the records pertaining to Exhibit-P10 and quash the same;

ii. To issue a writ of mandamus or any other appropriate writ order or direction to respondents 1 to 5 to allow the petitioner to redeploy the teaching staff of the aided private colleges to subserve workload without circumscribing the university to which the college is affiliated for redeployment by notwithstanding the university of the home college of the redeployee dehors Exhibit- P10;

iii. Considering the exigencies and necessity for urgent consideration of the grievance voiced in this Writ Petition (C), WA NOs.1442,1098 & 1099 OF 2025 18 2025:KER:70610 production of English translations of documents in vernacular, may kindly be dispensed with for the time being;"

3.2. In the writ petition, on behalf of the 5th respondent, a statement dated 07.01.2025 was filed by the learned Standing Counsel, producing there with Annexure R5(a) to R5(d) documents.

3.3 The 4th respondent also filed a statement dated 21.02.2025 in the writ petition, opposing the relief sought by the appellant.

W.A.No.1099 of 2025

4. This writ appeal is filed by respondents 6 and 7 in W.P.(C)No.40892 of 2024, challenging the common judgment dated 13.05.2025 passed by the learned Single Judge along with W.P.(C)No.41930 of 2024. The 6th respondent in W.P.(C)No.41930 of 2024 is the petitioner in W.P.(C)No.40892 of 2024.

4.1. Going by the averments in W.P.(C)No.40892 of 2024 from which the above writ appeal arose, the 1st respondent in this writ appeal was appointed as Assistant Professor (Economics) by Ext.P1 appointment order dated 01.03.2018 at N.S.S. Hindu College, Changanassery under the 1st appellant. Accordingly, 1st respondent joined service on 05.03.2018 in the 2nd appellant WA NOs.1442,1098 & 1099 OF 2025 19 2025:KER:70610 college in the Economics Department. The probation of the 1 st respondent was also declared in the category of Assistant Professor. After the appointment of the 1st respondent, two more persons were also appointed as Assistant Professors in the aided college managed by the 1st appellant under the M.G University. While so, one Mr.Anishkumar, who was working as Assistant Professor in the Economics Department in N.S.S. College, Pandalam, affiliated to the Kerala University was given inter- University transfer and was posted as Assistant Professor (Economics) in N.S.S. Hindu College, Chanaganassery, as per the order dated 05.06.2018. According to the 1st respondent, the aforesaid three persons are juniors to the 1st respondent. While so, the 1st appellant issued Ext.P2 Transfer Order dated 23.09.2023 transferring the 1st respondent from N.S.S. Hindu College, Changanassery to N.S.S. College, Cherthala, affiliated to Kerala University. Pursuant to the issuance of Ext.P2 transfer order, the 1st respondent relieved from N.S.S. Hindu College, Changanassery, on 23.09.2023 by Ext.P3 relieving order dated 25.09.2023 issued by the 2nd appellant. Accordingly, the 1st respondent joined as Assistant Professor in N.S.S. College, Cherthala, on 26.09.2023. Though, she has been continuously WA NOs.1442,1098 & 1099 OF 2025 20 2025:KER:70610 discharging her duties at N.S.S. College, Cherthala, her salary and other service benefits have not been paid on the ground that the transfer of the 1st respondent was ordered without following the provisions of relevant Statutes and Rules by the 1st appellant Corporate Educational Agency. The 1st respondent further contends that Ext.P2 transfer order and Ext.P3 relieving order issued by the management is against the provisions of the M.G.University Act, 1985, and the M.G.University First Statute, 1988. However, the 1st respondent had no other option but to join as Assistant Professor in N.S.S. College, Cherthala, coming under the University of Kerala. In Ext.P2 transfer order, the reason for transfer stated is that the total workload of Economics Department in N.S.S. Hindu College, Changanassery, is 125 hours and 9 teachers are working therein. It is also stated that 7 teachers are having 16 hours workload and 1 teacher is having 13 hours workload and the 9th teacher is continuing without any workload. By the transfer, the 1st respondent became the junior most teacher in the seniority list in the Economics Department of N.S.S. College, Cherthala. At the same time, in the seniority list of the 1 st appellant Corporate Educational Agency with respect to the Assistant Professor in the Economics Department of aided college WA NOs.1442,1098 & 1099 OF 2025 21 2025:KER:70610 coming under the M.G. University, there are three Assistant Professors, who are juniors to the 1st respondent. If one post is to be reduced for want of workload in N.S.S. College, Cherthala, or for that any of the colleges managed by the 1st appellant in the University of Kerala, the 1st respondent would be the teacher who has to go out being the junior most in the Economics Department; whereas, if one post or for that matter even two posts are abolished for want of workload in the aided colleges of the 1 st appellant coming under M.G.University, the post occupied by the 1st respondent as Assistant Professor would continue and only her admitted juniors would go out for want of vacancies. Therefore, the prejudice caused to the 1st respondent by Ext.P2 transfer order is grave and the 1st appellant Educational Agency has absolutely no authority to make inter-University transfer of the 1st respondent from N.S.S. Hindu College, Changanassery to N.S.S. College, Cherthala. When Ext.P2 transfer order came to the notice of the Director of Collegiate Education, he issued a communication dated 22.07.2024 to the Government with respect to the further course of action to be taken regarding the teacher who have been given inter-University transfer by the 1st appellant Educational Agency. On receipt of the communication, the Government issued WA NOs.1442,1098 & 1099 OF 2025 22 2025:KER:70610 Ext.P4 order dated 12.08.2024 to the Director of Collegiate Education, inter alia, stating that as per Section 64A of Kerala University Act and Section 68A of the M.G.University Act, an inter- University transfer could be made only on the basis of the applications submitted by the teachers. Hence, the Government directed the Director of Collegiate Education to cancel the transfer order issued against the 1st respondent and give a posting to her as Assistant Professor in Economics Department in N.S.S. Hindu College, Changanassery, and further directed that the salary and other emoluments payable to the 1st respondent shall be disbursed by the Deputy Director of Collegiate Education, Ernakulam, to her. Since Ext.P4 order was not complied by the Director of Collegiate Education and the Deputy Director of Collegiate Education and also the 1st appellant management, the 1st respondent approached this Court by filing W.P.(C)No.40892 of 2024 under Article 226 of the Constitution of India seeking the following reliefs:

"(i) To issue a writ of certiorari or any other writ, order or direction calling for the records leading to Ext. P2 order dated 23.09.2023 and quash the same to the extent it ordered transfer of the petitioner from N.S.S Hindu College, Changanassery to N.S.SCollege, Cherthala;

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 2, 3 and 6 to comply the directions in Ex. P4 order by posting the petitioner as Assistant WA NOs.1442,1098 & 1099 OF 2025 23 2025:KER:70610 Professor in the department of Economics at N.S.S Hindu College, Changanassery with status quo ante; forthwith.

(iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to take immediate steps to disburse the salary of the petitioner from 01.09.2023 as directed in Ext.P4 and pay the same to the petitioner forthwith;

(iv) To declare that the petitioner is entitled to get interest @ 9% PA for the salary arrears;

(v) To declare that Ext.P2 transfer order is absolutely illegal and void-ab-initio;

(vi) To declare that respondents 2, 3 and 6 are legally bound to comply Ext.P4 order at the earliest;"

4.2. In the writ petition, on behalf of the 6th respondent, a statement dated 18.12.2024 was filed by the learned Standing Counsel wherein it was contended that as per Section 64A of the Kerala University Act, the transfer of a Teacher from a college under one University to a college under another University shall be made only on the written request of the Teachers, who completed 3 years of service. In the statement, Statute 34 in Chapter 2 of the Kerala University (Conditions of Service of Teachers and Members of Non-Teaching Staff) First Statutes, 1979, was also relied by the 6th respondent.

4.3. The 3rd respondent, the Director of Collegiate Education, filed a counter affidavit dated 21.01.2025 inter alia pointing out that the Manager has not relied on the seniority list WA NOs.1442,1098 & 1099 OF 2025 24 2025:KER:70610 while effecting inter-University transfer. The Manager has not obtained options from Teachers while effecting the inter- University transfer. It was further contended by the 3 rd respondent that the transfer effected was in violation of relevant provisions of Section 68A of the M.G. University Act, 1985, and the University Statutes made thereunder.

4.4. After considering the rival contentions raised by the parties, and also considering the materials on record, the learned Single Judge disposed of W.P.(C)No.40892 of 2024 quashing Ext.P2 order dated 23.09.2023 issued by the Educational Agency transferring the petitioner therein from N.S.S. Hindu College, Changanassery, to N.S.S College, Cherthala, and respondents 2, 3 and 6 therein were directed to abide by Ext.P4 order dated 12.08.2024 issued by the 1st respondent therein by posting the writ petitioner as Assistant Professor in the Department of Economics at N.S.S Hindu College, Changanassery. Consequently, W.P.(C)No.41930 of 2024 filed by the Educational Agency was dismissed by the learned Single Judge. Challenging the said common judgment; these writ appeals have been filed by the petitioner in W.P.(C)No.41930 of 2024 and respondents 6 and 7 in W.P.(C)No.40892 of 2024, respectively.

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& 1099 OF 2025                 25             2025:KER:70610

5. Heard the learned Standing Counsel for Travancore Devaswom Board, who is appearing for the appellants in W.A.No.1442 of 2025, the learned counsel for the 1st respondent- writ petitioner in W.A.No.1442 of 2025, the respective learned counsel for respondents 7 and 8 in W.A.No.1442 of 2025, the learned Senior Government Pleader, the learned Senior Counsel appearing for the appellant in W.A.No.1098 of 2025, the learned Senior Counsel appearing for the 1st respondent in W.A.No.1099 of 2025 and the 6th respondent in W.A.No.1098 of 2025 and the respective Standing Counsel for M.G. University and Kerala University.

6. When the learned Standing Counsel for the appellants in W.A.No.1442 of 2025 and the learned Senior Counsel for the appellant in W.A.No.1098 of 2025 took a stand that an inter- University transfer of a teacher of a college affiliated to one University to a college under the same management affiliated to another University is permissible, by contending that such a transfer is only a redeployment to adjust workload, the learned counsel for the party respondents, the learned Senior Counsel, the learned Senior Government Pleader and the learned Standing Counsel for the Universities took a stand that such an inter-

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& 1099 OF 2025                 26                2025:KER:70610

University transfer is not permissible in view of relevant provisions in the respective University Act and Statutes governing the field. According to the learned counsel and the learned Senior Counsel, the term redeployment by way of inter-University transfer is alien to the M.G. University Act and Kerala University Act, and also to the M.G. University Statutes, 1997. Without a written willingness from the teacher concerned, it is not possible to effect such a transfer by the management at their whims and fancies.

7. In support of his arguments, the learned Standing Counsel for the appellants in W.A.No.1442 of 2025 placed reliance on the judgment of this Court in Johnson George v. State of Kerala [2003 (2) KLT 676] and the judgment of a Division Bench of this Court dated 13.02.2007 in OP No.22784 of 1997. The learned Senior Counsel appearing for the 1st respondent in W.A.No.1099 of 2025 who is the 6th respondent in W.A.No.1098 of 2025 relied on the judgment of the Apex Court in Bhavnagar University v. Palitana Sugar Mill Pvt. Ltd. and others [(2003) 2 SCC 111] in support of his argument that the Manager post is a creature of Statute and he has to work within the limits of the Statute and he cannot transfer the teachers by stating that such a transfer is not prohibited under the University Act.

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& 1099 OF 2025                         27                2025:KER:70610

8. We have carefully gone through the materials on record and the submissions made by the learned counsel and the learned Senior Counsel appearing for the parties to these writ appeals. In order to understand the law regarding the inter-University transfer of college teachers, it would be better to extract the relevant provisions pointed out by the learned counsel and learned Senior Counsel.

8.1. M.G.University Act, 1985 Section 2(17): 'Private college' means a college maintained by an educational agency other than the Government or the University and affiliated to the University"

Section 68. Transfer of teachers to other Universities.-

(1) Where an educational agency has colleges under the jurisdiction of the Mahatma Gandhi University and also under the jurisdiction of the Kerala University or the Calicut University, the educational agency shall within three months of the commencement of this Act or within such further period, not exceeding three months, as may be granted by the Government for sufficient reason, prepare a seniority list of the teachers of all such colleges.

(2) After the preparation of the list under sub-section (1), the educational agency shall give a right of option to the teachers as to the University under the jurisdiction of which he opts to remain and the teachers shall be allotted to each University area in accordance with such option:

Provided that where the number of teachers who have opted to work under the jurisdiction of the Mahatma Gandhi University or WA NOs.1442,1098 & 1099 OF 2025 28 2025:KER:70610 the Kerala University or the Calicut University is more than the number required, allotment shall be made on the basis of seniority. (3) Any teacher aggrieved by any entry in the list prepared under sub-section (1) or by the allotment under sub-section (2) may appeal to the Government within sixty days from the date of communication of the list or order of allotment to him, and the decision of the Government thereon shall be final. (4) Where a teacher is allotted to a University area under this section he shall not be transferred to a college affiliated to any other University.

(5) Nothing contained in this section shall apply in respect of principals of private colleges.

8.3. Section 68A. Inter University transfer of teacher by an educational agency.--

Notwithstanding anything to the contrary contained in any law for the time being in force, where an educational agency has colleges under the jurisdiction of the Mahatma Gandhi University and also under the Jurisdiction of another University in the State, a teacher appointed by such educational agency to a college within the jurisdiction of the another University, may be transferred to any college under the jurisdiction of the Mahatma Gandhi University, subject to the following conditions, namely:--

(i) transfer shall be made only on the written request of the teacher who has completed three years of service;

(ii) transfer shall be made only once during the entire period of service of a teacher;

(iii) transfer shall be made on the basis of the seniority of teachers;

(iv) teacher transferred under the provisions of this section shall become junior most in the colleges under the educational agency in the University irrespective of his service in the University from which he was transferred;

WA NOs.1442,1098 & 1099 OF 2025 29 2025:KER:70610

(v) transfer is to be made as and when vacancy arises in any of the colleges under the educational agency in the University, provided no home college option by any teacher against the said vacancy is pending; and

(vi) teacher who is transferred under the provisions of this section shall be eligible for home college option and shall be treated as teacher of the University with all benefits that are enjoyed by the existing teachers, provided the services rendered by such teacher outside the University, shall not be considered as outside service while exercising home college option.

Explanation:- For the purpose of this section, "home college option" means the option made by a teacher regarding his home college in the University under the provisions of the Statutes made under this Act.

8.2. M.G.University Statutes 1997-Chapter 45

35. Seniority List:-

(1) Every Educational Agency shall maintain a seniority list of the teachers in the college or of all the colleges in the University area, as the case may, under its management.

(2) The transfer of a teacher from one college to another in the University area under the Educational Agency shall not affect his seniority.

(3) The Syndicate may frame guidelines for fixation of interse seniority of teachers. The Educational Agency shall have the power to decide disputes regarding seniority of teachers in their colleges.

An appeal shall lie to the Vice-Chancellor against such decision of the Educational Agency.

36. Xxxx xxxx xxxx

37. Transfer of Teaching and Non-Teaching Staff under Corporate Managements-Guidelines for effecting transfers:

(1) Transfer of teaching and non-teaching staff shall be made only to the bare minimum requirements.

WA NOs.1442,1098 & 1099 OF 2025 30 2025:KER:70610 (2) Managements shall instruct the members of teaching and non- teaching staff in those colleges to submit their requests if desired for transfer in the prescribed form (as in Government colleges) on or before 31st March of every year and finalise the transfers before the re-opening of the colleges in the subsequent academic year preferably before 15th May of the year.

(3) As far as possible requests for mutual transfers may be entertained. but only in case eligible persons under category (iv) and (v) are not available.

(4) To the extent possible couples may be given transfer to the same college or nearby colleges.

(5) As far as possible those who have been working in colleges for long periods or at far away places from their home town may be given preference for transfers to places of their choice. No transfers shall be made against posts declared supernumerary as per staff fixation order. When once a post is declared supernumerary, the incumbent in the post shall be transferred forthwith to any available vacancy. Transfers between persons working in a supernumerary post and in a regular vacancy shall not be made. (6) Transfer of teaching and non-teaching staff shall be made only after ascertaining the availability of clear vacancies. In the case of teaching staff, this should be done according to the staff fixation approved by the University for the concerned academic year and subject to the provision as contained in the Mahatma Gandhi University (inter University Transfer of teachers of colleges under educational agencies having colleges affiliated to Kerala University and Calicut University) First Statutes, 1988. (7) Staff on transfers, except on request shall be eligible for travelling allowance and joining time as provided in Statute 33. 8.3. Kerala University Act, 1974 Section 2(16): "Private college" means a college maintained by an educational agency other than the Government or the University and affiliated to the University WA NOs.1442,1098 & 1099 OF 2025 31 2025:KER:70610 Section 2(29): "University" means the University of Kerala constituted under this Act.

Section 64. Transfer of teachers to other Universities.- (1) Where an educational agency has colleges under the jurisdiction of the Kerala University and also under the jurisdiction of the Calicut University, the educational agency shall within three months of the commencement of this Act or within such further period, not exceeding three months, as may be granted by the Government for sufficient reason, prepare a seniority list of the teachers of all such colleges.

(2) After the preparation of the list under sub-section (1), the educational agency shall give a right of option to the teachers as to the University under the jurisdiction of which he opts to remain and the teachers shall be allotted to each University area in accordance with such option:

Provided that where the number of teachers of who have opted to work under the jurisdiction of the Kerala University or the Calicut University is more than the number required, allotment shall be made on the basis of seniority.

(3) Any teacher aggrieved by any entry in the list prepared under sub-section (1) or by the allotment under sub-section (2) may appeal to the Government within sixty days from the date of communication of the list or order of allotment to him, and the decision of the Government thereon shall be final. (4) Where a teacher is allotted to a University area under this section, he shall not be transferred to a college affiliated to any other University.

(5) Nothing contained in this section shall apply in respect of principals of private colleges.

Section 64A. Inter University transfer of teacher by an educational agency.-

Notwithstanding anything to the contrary contained in any law for the time being in force, where an educational agency has colleges WA NOs.1442,1098 & 1099 OF 2025 32 2025:KER:70610 under the jurisdiction of the Kerala University and also under the jurisdiction of another University in the State, a teacher appointed by such educational agency to a college within the jurisdiction of another University, may be transferred to any college under the jurisdiction of the Kerala University, subject to the following conditions, namely:

(i) transfer shall be made only on the written request of the teacher who has completed three years of service;

(ii) transfer shall be made only once during the entire period of service of a teacher;

(iii) transfer shall be made on the basis of the seniority of teachers;

(iv) teacher transferred under the provisions of this section shall become junior most in the colleges under the educational agency in the University irrespective of his service in the University from which he was transferred;

(v) transfer is to be made as and when vacancy arises in any of the colleges under the educational agency in the University, provided no home college option by any teacher against the said vacancy is pending; and

(vi) teacher who is transferred under the provisions of this section shall be eligible for home college option and shall be treated as teacher of the University with all benefits that are enjoyed by the existing teachers, provided the services rendered by such Teacher outside the University shall not be considered as outside service while exercising home college option.

8.4. Kerala University (Conditions of service of Teachers and members of Non-Teaching Staff) First Statutes, 1979 -Chapter-2 WA NOs.1442,1098 & 1099 OF 2025 33 2025:KER:70610

34. Seniority List:-

(1) Every Educational Agency shall maintain a seniority list of the teachers in the college or of all the colleges in the University area, as the case may be, under its management.

(2) The transfer of a teacher from one college to another in the University area under the same Educational Agency shall not affect his seniority.

(3) The Syndicate may frame guidelines for fixation of interse seniority of teachers. The Educational Agency shall have the power to decide disputes regarding seniority of teachers in their colleges.

An appeal shall lie to the Vice-Chancellor against such decision of the Educational Agency."

9. A reading of Section 64 and 64A of the Kerala University Act as well as Section 68 and 68A of the M.G. University Act would make it clear that transfer of a teacher from one college affiliated to a university to a college affiliated to another university under the same management can be done only if there is a written request from the part of the teacher and she or he has completed three years of service in the college. Similarly, Statute 35(2) and 37 of Chapter 45 of the M.G. University Statutes and Statute 34 of Chapter-2 of Kerala University First Statutes, 1979 would also make it clear that such a transfer is permissible only with the written request of the teacher concerned.

10. In Johnson George [2003 (2) KLT 676], a learned Single Judge of this Court held thus;

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"17. Now coming to the basic question relating to the right of the management to order inter-management transfers including managements having colleges within the jurisdiction of different universities and the right of teachers working in those colleges to seek for such transfers, I am of the view that such rights will be available to them unless taken away by specific provisions in the University Act or other regulations made under that Act. Of course, the Director of Collegiate Education or the University as the case may be, shall have the power to refuse sanction or decline approval if such transfers are made in violation of specific provisions of law or prejudically affecting the legitimate right or interest of the teachers working in the colleges under the management concerned. An enacted law may broadly provide for matters concerning the subject matter of that enactment and for effectuating those matters may confer powers on certain authorities, as also rights and liabilities on certain others. As regards matters specifically dealt with in that enactment, it will be easier for the authorities to act upon. But difficulties arise in respect of matters which are not specifically covered by the provisions of the statute. This in turn gives rise to disputes requiring adjudication by judicial or quasi-judicial forums having jurisdiction. In the matter of resolving such disputes, it should be remembered that the enacted law cannot make provisions for everything concerning that subject matter. As far as matters which are not thus specifically covered by the provisions of that enactment or any other subordinate legislation brought into force as empowered by that enactment, certain principles will have to be followed to deal with issues or disputes arising in that area. One such principle is that in the absence of provisions expressly or impliedly curtailing any freedom or right otherwise enjoyed by the citizens or class of persons whose actions are intended to be controlled or regulated by the enacted law, the authorities under the Act shall not encroach upon such existing freedoms or rights WA NOs.1442,1098 & 1099 OF 2025 35 2025:KER:70610 or interfere with the legitimate rights they are otherwise free to enjoy. Rights or freedom to do certain thing, enjoyed or enjoyable under the provisions the Constitution can be restricted or curtailed by a competent legislation intended to regulate such actions. Right or freedom that is not curtailed or restricted shall be available to the citizens, notwithstanding the statute law on the subject. Ext.P5 is not contrary to any of the provisions of law and it cannot therefore be held as illegal or unenforceable."

11. While going through the aforesaid judgment, it could be seen that it was not held therein that a inter-University transfer can be effected by the management without the consent of the teacher. It is only by following the procedure prescribed under the Act and relevant Rules, such a transfer can be effected by the management. Therefore, the judgment in Johnson George [2003 (2) KLT 676] is not applicable to the facts of the instant case. None of the parties to these writ appeals has a contention that the written consent of any of the transferred teachers was obtained, or that the teachers concerned made any voluntary request for such a transfer. On the other hand, the stand of the transferred teachers is that they objected the transfer since it will adversely affect the seniority of those teachers. Though the learned counsel, who supported the transfer, submitted that the seniority of the teachers would be protected since the transfer was effected only as a redeployment for a temporary period, they could WA NOs.1442,1098 & 1099 OF 2025 36 2025:KER:70610 not point out any provision under the University Acts or the Statutes concerned, that such a right of redeployment to the transferred teachers or to the management. The protection of seniority given by the University Statutes referred above is only in the case of transfer of teachers from one college to another within the University and not in the case of inter-University transfer. The specific stand taken by the University as well as the Government is that the inter-University transfer can be effected only by following the provisions under Section 64 and 64A of the Kerala University Act and Sections 68 and 68A of the M.G.University Act. Those provisions make it clear that in the case of inter-University transfer, the position of the transferred teacher would be the junior-most in the transferred college. Therefore, the contention of the management that the seniority of the transferred teachers will be protected since it is only a redeployment has no merits.

12. In OP No.22784 of 1997, the issue that came up for consideration before the Division Bench of this Court is the extent of power of the Kerala University to issue first statute regarding transfer of teachers of colleges under the corporate management affiliated to the University. After considering the relevant WA NOs.1442,1098 & 1099 OF 2025 37 2025:KER:70610 provisions and the judgments on the point, the Division Bench in that judgment held that without amending the Act, no further inter-University transfer can be made. If Government feels that such an amendment is necessary, it is for the Government to take steps for amendment of the Act. In view of that judgment, Section 64A of the Kerala University Act and Section 68A of the M.G. University Act were incorporated, by way of amendment. If the intention of the legislature was to give authority to the management to effect inter-University transfer of a teacher, without the consent of the teacher, definitely, there would have been a clause in the amended provisions to that effect.

13. Interestingly, it is to be noted that to justify the inter- University transfer effected by the management, they are taking a stand that it is only a redeployment to adjust the workload. Nowhere in the Kerala University Act or M.G. Act, the word redeployment or deployment is defined or given authority. The meaning of the word 'deploy' as per the Webster's II New Riverside University Dictionary is 'To station (persons or forces) systematically over an area or To spread out (troops) to form an extended front'. The meaning of the word 'Transfer' as per the said Dictionary is 'To move one self from one location, job or WA NOs.1442,1098 & 1099 OF 2025 38 2025:KER:70610 academic institution to another'. Similarly, as per Oxford Advanced Learner's Dictionary New 8th Edition, the word 'deploy' means 'to move soldiers or weapons into a position where they are ready for military action'. The meaning of the word 'Transfer' suitable to the situation of our case as per the said Dictionary is 'to move from one job, school, situation etc. to another'. When going through the Dictionary meaning of these words, when going through so called 're-deployment' of the teacher by the management can be treated only as a transfer from one college to another. In such circumstances, the transfer of a teacher from a college under a particular University to another college under another University can be only by way of inter-University transfer as provided under the University Act and Statutes referred above. The word redeployment used is a cunning attempt to effect inter- University transfer of a teacher from one college under a University to another college under a different University without the consent of the teacher concerned.

14. In Bhavnagar University [(2003) 2 SCC 111] the Apex Court held that, when a statutory authority is required to do a thing in a particular manner, the same must be done in that manner or not at all. The State and the other authorities, while WA NOs.1442,1098 & 1099 OF 2025 39 2025:KER:70610 acting under the said Act, are only creature of statute. They must act within the four corners thereof. The post of Manager is a creature of respective statutes. Therefore, a Manager cannot act outside the authority given by the statute concerned, as rightly argued by the learned Senior Counsel for the 1st respondent in W.A.No.1099 of 2025 and the 6th respondent in W.A.No.1098 of 2025.

15. Having considered the pleadings and materials on record and the submissions made at the Bar, we are of the view that the learned Single Judge has correctly analysed the position of law with respect to the inter-University transfer of a teacher and decided the respective writ petitions. On re-appreciation of the materials on record, we find no sufficient ground to interfere with the impugned judgments.

In the result these writ appeals stand dismissed.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-


                                     MURALEE KRISHNA S., JUDGE
DSV
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& 1099 OF 2025               40                2025:KER:70610

                    APPENDIX OF WA 1442/2025

RESPONDENTS' ANNEXURES

Annexure 1          TRUE COPY OF THE REPRESENTATION DATED
                    03.06.2025 SUBMITTED BY ME THROUGH PROPER

CHANNEL BEFORE THE MANAGEMENT/2ND APPELLANT Annexure R8(1) A TRUE COPY OF THE REQUEST MADE BY THE APPLICANT ON SELECTION AND APPOINTMENT TO ASSISTANT PROFESSOR (BOTANY) POST IN DB PAMBA COLLEGE, PARUMALA DATED 01.06.2023 Annexure R8(2) A TRUE COPY OF INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C)NO.11018/2025 DATED 21.03.2025 WA NOs.1442,1098 & 1099 OF 2025 41 2025:KER:70610 APPENDIX OF WA 1099/2025 RESPONDENTS' ANNEXURES ANNEXURE R1 (a) TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) NO. 155/2020/HEDN DATED 01.04.2020.

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