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Kerala High Court

Om Soorya vs Director General on 4 December, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                                        2025:KER:93768

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

  THURSDAY, THE 4TH DAY OF DECEMBER 2025 / 13TH AGRAHAYANA, 1947

                       WP(C) NO. 45440 OF 2025

PETITIONER:

          OM SOORYA
          AGED 48 YEARS
          S/O KAMALAKSHI,
          ASSISTANT PROFESSOR (UNDER TRANSFER),
          NATIONAL INSTITUTE OF FASHION TECHNOLOGY,
          KANNUR CAMPUS, MANGATTUPARAMBA,
          DHARMASALA, KANUL.P.O, KANNUR DISTRICT
          RESIDING AT 'ANATHASAYANAM',
          KALLIASSERY.P.O, KANNUR DISTRICT,
          PIN - 670562

          BY ADVS.
          SRI.V.T.MADHAVANUNNI
          SRI.M.VIVEK RABINDRANATH
          SRI.M.S.VINEETH



RESPONDENTS:

    1     DIRECTOR GENERAL
          NATIONAL INSTITUTE OF FASHION TECHNOLOGY,
          NIFT CAMPUS, HAUZ KHAS,
          NEAR GUL MOHAR PARK,
          NEW DELHI, PIN - 110016

    2     DIRECTOR
          NATIONAL INSTITUTE OF FASHION TECHNOLOGY,
          MANGATTUPARAMBA, DHARMASALA,
          KANUL.P.O, KANNUR DISTRICT-,
          PIN - 670562

    3     REGISTRAR
          NATIONAL INSTITUTE OF FASHION TECHNOLOGY,
                                                             2025:KER:93768
WP(C) NO. 45440 OF 2025

                                     2
             NIFT CAMPUS, HAUZ KHAS,
             NEAR GUL MOHAR PARK,
             NEW DELHI, PIN - 110016

             BY DSGI SMT. O.M. SHALINA


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.12.2025,      THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                              2025:KER:93768
WP(C) NO. 45440 OF 2025

                                     3


                            JUDGMENT

Dated this the 4th day of December, 2025 The petitioner, who was working as Assistant Professor in Master of Fine Arts in Kannur Campus of National Institute of Fashion Technology (NIFT), was transferred to NIFT Gandhinagar as per Ext.P1 transfer order dated 16.05.2024.

2. It appears that the petitioner did not join NIFT Gandhinagar and instead applied for leave on medical grounds. The petitioner is now before this Court seeking to quash Ext.P1 transfer order so far as it relates to the petitioner.

3. Counsel for the petitioner, relying on Ext.P2 Office Memorandum, would urge that transfer can be granted to an Assistant Professor only on his promotion. Ext.P1 transfer is not a promotional transfer. Therefore, Ext.P1 transfer is illegal, contends the petitioner.

4. The Deputy Solicitor General of India, representing the respondents, submitted that the transfer order was issued more than one and a half years ago and the writ 2025:KER:93768 WP(C) NO. 45440 OF 2025 4 petition is highly belated.

5. Ext.P2 Office Memorandum states that no faculty upon posting shall make a representation without complying with the order of the competent authority and after joining the new place of posting the Official may seek grievance redressal.

6. Heard.

7. The pleadings in the writ petition would show that consequent to Ext.P1 order, the petitioner was relieved on 01.07.2024. Thereafter, the petitioner applied for leave on medical grounds. The petitioner is approaching this Court after more than one and a half years. In the afore circumstances, I am not inclined to grant any relief to the petitioner.

The writ petition is dismissed.

Sd/-

N. NAGARESH JUDGE SPV 2025:KER:93768 WP(C) NO. 45440 OF 2025 5 APPENDIX OF WP(C) NO. 45440 OF 2025 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE TRANSFER ORDER ISSUED BY RESPONDENT NO.3 DATED 16-5-2024 EXHIBIT P2 TRUE COPY OF THE TRANSFER POLICY TOGETHER WITH OFFICE MEMORANDUM DATED 27-10-2022 EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY RESPONDENT NO.3 DATED 30-5-2024 EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY RESPONDENT NO.1 DATED 19-6-2024. EXHIBIT P5 TRUE COPY OF THE EMPLOYEE DIRECTORY PERTAINING TO DR. JAPJEE KAUR KOHLI DOWNLOADED FROM THE OFFICIAL WEBSITE OF NIFT DATED 26-11-2025 EXHIBIT P6 TRUE COPY OF THE E MAIL DATED 4-12-2023 SENT BY THE PETITIONER TO RESPONDENT NO.1 EXHIBIT P7 TRUE COPY OF THE E MAIL DATED 14-3-2024 SENT BY THE PETITIONER TO THE RESPONDENT NO.1 EXHIBIT P8 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED TO THE PETITIONER DATED 10-8-2024 EXHIBIT P9 TRUE COPY OF THE E MAIL DATED 21-6-2024 SENT TO RESPONDENT NO.1 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE