IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 25126 of 2008(N) -------------------------- PETITIONER: -------------------- FRAHAD MUSADEEKH, W/O USMAN JONES SAIT, AGED 54 YEARS, WORKING AS PRINCIPAL, GOVERNMENT COLLEGE OF ENGINEERING, KANNUR, RESIDING AT FLAT NO.EF-7/261, P.T. CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM 695 011. BY ADV. SRI.LEO GEORGE ADV. SRI.K.N.SASIDHARAN NAIR RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF TECHNICAL EDUCATON, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 25126 OF 2008 ............................................................................ Dated this the 1st September , 2008 J U D G M E N T The petitioner is presently working as the Principal of Government College of Engineering, Kannur. According to him, he is the seniormost Principal among the Principals of nine Engineering Colleges under the control of the Directorate of Technical Education in the State. This contention is not disputed. The home station of the petitioner is Thiruvananthapuram. The date of superannuation of the petitioner is 23.09.2008. However, being a college teacher, he can continue in service upto 31.03.2009. Relying on Ext.P3 Government Order dated 17.03.1992 fixing the norms for transfer and postings of teachers of Engineering Colleges under the Technical Education Department, the petitioner contends that he is entitled to get a transfer and posting at the College of Engineering, Thiruvananthapuram. The petitioner relies on Clause (13) of Ext.P3 guidelines for transfer, which reads as follows: “Transfer in the retirement year will be avoided to the extent possible. Such teachers will be posted in their home station as far as possible.” 2. The petitioner submitted Ext.P4 representation dated 04.01.2008 to the Director of Technical Education, Thiruvananthapuram requesting for a transfer and posting to the College of Engineering, Thiruvananthapuram. It is W.P.(C) No. 25126 OF 2008 2 stated in the Writ Petition that after the submission of Ext. P4 representation, Dr. J. Latha, Dean of P.G. Studies and who was also in charge of Principal, College of Engineering , Thiruvananthapuram, was promoted as Principal and posted as such in the College of Engineering, Thiruvananthapuram in the then existing vacancy. The petitioner submitted another representation dated 29.05.2008 to the Government (Exhibit P6) pointing out his grievances and praying to post him as the Principal of the College of Engineering, Thiruvananthapuram. W.P.(C)No. 17535 of 2008 was filed by the petitioner as Ext. P6 representation was not disposed of expeditiously. The said Writ Petition was disposed of, as per Ext. P7 judgment dated 20.06.2008 directing the Government to dispose of Ext.P6 representation within a period of one month from the date of receipt of a copy of the judgment. Thereafter, the Government passed Ext.P8 order dated 29.07.2008. It is stated in Ext. P8 order that the direction contained in Ext.P7 judgment dated 20.06.2008 has been complied with as per Ext. P8 order. At the same time, it is also seen from Ext. P8 order that the matter was not finally disposed of. It is relevant to extract the following statement in Ext. P8 order: “After examining the arguments and related documents submitted by the petitioner Government are pleased to dispose of Exhibit P6 representation submitted by the petitioner with a direction to the Director of Technical W.P.(C) No. 25126 OF 2008 3 Education to examine the Exhibit P6 request in accordance with rules and in the exigencies of public interest and submit proposals to Government for orders within a fortnight.” 3. It is also stated in Ext. P8 order that Dr. J. Letha was officiating as Principal in the College of Engineering, Thiruvananthapuram due to the retirement of the then Principal with effect from 26.12.2007 and that the Government did not want to disturb the administrative set up in the College of Engineering, Thiruvananthapuram, which, according to the Government, is a prestigious institution under the State Government. It is also stated in Ext. P8 order that it may not be in the best interest of any institution, ' particularly a premier College of Engineering under the State Government like the College of Engineering, Thiruvananthapuram' to have frequent changes of Head of the Institution. Ext. P8 order is under challenge in this Writ Petition. 4. A statement is filed by the Addl. Secretary, Higher Education Department. The following reasons are stated in the statement to deny the claim of the petitioner: 1) Ext.P3 guidelines are not intended for the transfer and postings of Principals of Engineering colleges. 2) The Government have not evolved any norms or scheme for transfer and postings of Principals of Engineering Colleges. W.P.(C) No. 25126 OF 2008 4 3) The petitioner is not entitled to get a posting at a station of his choice and he has not produced any Government Order enabling the Principals to get such postings. 4) The post of Principal being a selection post, the transfer and posting is being done by the Government . The Government is the sole authority to effect transfer in respect of Principals of Engineering Colleges. 5) There were allegations against the petitioner while he was holding the charge at LBS. Though an enquiry was conducted, no further action is taken so far against the petitioner. 6) There is no allegation against Dr. Latha. 7) The Government felt that Dr. Latha 'will be a more preferential candidate than the petitioner' and accordingly, she was preferred and appointed as the Principal of the College of Engineering, Thiruvananthapuram. 8) Since the College of Engineering, Thiruvananthapuram is a prestigious institution among all the nine Engineering Colleges under the State Government, the Government thought that the Principal of such a prestigious institution shall be free from all kinds of shadow of allegations. 9) The educational qualification of the petitioner is ME, whereas the educational qualification of Dr. Latha is M.Tech and Ph.D. The Government thought it fit to prefer a more qualified person to be the Head of the College of W.P.(C) No. 25126 OF 2008 5 Engineering, Thiruvananthapuram. 5. The reasons stated in the aforesaid statement to deny the claim of the petitioner, were not stated in Ext. P8 order except the reason that Dr. Latha was officiating as the Principal of the College of Engineering, Thiruvananthapuram and that the College of Engineering is a prestigious institution under the State Government. Though it is stated in Ext.P8 order that Ext. P6 representation was disposed of and that Ext. P7 judgment was complied with, a perusal of Ext.P8 order would disclose that the matter was not finally and completely disposed of by the Government. If it is taken that the representation was taken up for consideration before final adjudication of the matter, then it is clear that there is no final disposal as the representation was not properly considered. If it is taken that the Government has referred Ext. P6 representation for consideration to the Director of Technical Education, then Ext.P8 order would be bad as the Government had delegated the function to another authority quite contrary to the direction contained in Ext. P7 judgment. In either case, Ext. P8 order could not be treated as a final and complete adjudication, as directed in Ext. P7 judgment. In the facts and circumstances of the case, I am of the view that Ext. P8 order is liable to be quashed . Accordingly, I quash Ext.P8 order. The Government shall consider the matter afresh and pass a reasoned order and W.P.(C) No. 25126 OF 2008 6 finally dispose of the matter, within a period of one month from today. The Government shall afford an opportunity of being heard to the petitioner and Dr. Latha, the Principal of the College of Engineering, Thiruvananthapuram, before taking a a final decision in the matter. It is made clear that I have not expressed any opinion on the merits of the contentions put forward by the petitioner or on the comparative merit of the petitioner and Dr. Latha or on the feasibility of continuance of Dr. Latha as Principal of the College of Engineering, Thiruvananthapuram. K.T. SANKARAN, JUDGE. lk