MUSLIM EDUCATIONAL SOCIETY REPRESENTED BY ITS GENERAL SECRETARY Vs. RANJITH M ASSISTANT PROFESSOR IN HINDI

JUDGEMENT

(1.) Respondents 1 and 2 in W.P.(C) .No.34296 of 2017 are before us challenging the judgment dated 07.11.2017 of the learned Single Judge, allowing the writ petition.

(2.) The writ petition was filed by the first respondent, who is presently working as an Assistant Professor in Hindi at the MES College, Nedumkandam. He was transferred to the said college, as per Ext.P2 order. By the same order, the 4th respondent, who had been working at Nedunkandam was transferred and posted to MES Asmabi College, Kodungallur where the first respondent had been working. The writ petition was filed by the first respondent challenging Ext.P2 order of transfer. It was contended that the transfer was illegal and liable to be set aside. He also sought for a direction to post him back to Kodungallur where he had been working. According to the first respondent, the th respondent was granted a transfer on his request. However, the st respondent had not submitted any request for transfer. Therefore, he had been transferred only to accommodate the 4th respondent, which was alleged to be in violation of Section 68-A of the Mahatma Gandhi University Act, 1985 (for short, "the Act") .

(3.) The writ petition was contested by the appellants. It was contended that after Ext.P2 order was passed on 26.05.2017 the incumbents therein had joined duty at the respective places to which each person had been transferred. It was only a month thereafter that the writ petition was filed by the first respondent. It was also alleged that, he had not raised any objection at any time against his transfer before he approached this Court. Since the objections were raised after the academic year had progressed, it was contended that there were no grounds to interfere with the transfer order.