IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WA.No. 1886 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.28864/2011 .................... APPELLANT/PETITIONER: -------------- DR.ALTHAF.A, AGED 43 YEARS, S/O.SHEIK ABDUL HASSAN ALI, ASSISTANT PROFESSOR, DEPARTMENT OF COMMUNITY MEDICINE, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS/RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE (S) DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM-695 001. 3. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SRI GEORGE MECHERY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- Writ Appeal No. 1886 of 2011 ---------------------------------------------------- Dated this the 12th day of December, 2011 J U D G M E N T C.N. Ramachandran Nair , J Appellant is challening the judgment of the learned Single Judge declining to interfere with the transfer from Medical College, Thiruvananthapuram to Medical College, Alappuzha, both under the control of the State Government. Appellant was on leave for higher studies abroad for two years from 2008 to 2010. Though when he took leave he was in Thiruvananthapuram Medical College when he returned he was posted in Alappuzha Medical College on 26.7.2000. Within a short time, he was shifted in May 2011 to Thiruvananthapuram Medical College which is stated to be on working arrangement, even though, appellant's case is that it is a regular transfer. Appellant is now transferred back to Alappuzha Medical College vide order dated 12.7.2011 which was challenged before the learned Single Judge. The learned Single Judge declined to interfere with the transfer for the W.A 1886/2011 : 2 : reason that it is a purely administrative matter in which this court should not interfere. 2. After hearing the appellants' counsel and on going though the judgment what we notice is that the post vacated by the appellant at Thiruvananthapuram is not filled up with anybody. 2. Government Pleader's case is that the need is more in Alappuzha where there is no qualified hand to teach the subject. It is seen that in spite of this the learned Single Judge had directed the Government to consider appellant's representation. We do not find any reason to interfere with the findings of the learned single Judge. More so, because appellant after joining at Alappuzha on 23.7.2010 has served there only for less than one year before being shifted to Thiruvananthapuram. The transfer from Alappuzha to Thiruvananthapuram within such a short period cannot be said to be anything other than working arrangement. We therefore, do not find any merit in the writ appeal and accordingly dismiss the same. Sd/- C.N. RAMACHANDRAN NAIR (Judge) Sd/- K. VINOD CHANDRAN (Judge) jma