K.M. SHIVAKUMAR Vs. THE VICE CHAIRMAN MANDYA INSTITUTE OF MEDICAL SCIENCES MANDYA AND PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES (MEDICAL EDUCATION) AND ORS.

JUDGEMENT

(1.) The petitioner has called into question the first respondent's order, dated 19.11.2015 (Annexure -A) insofar as it pertains to the petitioner and the respondent No. 4. The respondent No. 1 has transferred the petitioner to Chamarajanagara Institute of Medical Sciences ('C.I.M.S.' for short) as Professor and appointed the respondent No. 4 as In -charge Superintendent of the second respondent Mandya Institute of Medical Sciences ('M.I.M.S' for short).

(2.) Sri M.S. Bhagwat, the learned counsel for the petitioner submits that M.I.M.S. Rules and Regulations, 2013 ('the said Rules and Regulations' for short)do not provide for the transfer of its employees to another autonomous Institute in the normal course. The transfer of the employees from one autonomous Institute to another autonomous Institute is permitted only under extraordinary circumstances and after the passing of the resolution by the respective Governing Council. He reads out Regulation 12 of the said Rules and Regulations. The same is extracted hereinbelow: - -

(3.) He submits that the petitioner is appointed as the Superintendent of second respondent Institute for a fixed period of three years. To advance the submission that the incumbent of a tenure post cannot be disturbed before the expiry of the tenure, he relies on the following citations: - -