M.A.Girija v. Tamil Nadu Agricultural University,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.06.2019 Coram::
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.No.8486 of 2019 & W.M.P.Nos.9013 & 9014 of 2019 M.A.Girija, D/o.P.Malaichamy, No.9, 6th Street, Anjukam, Ammayar Nagar, Perungudi, Medu, Chennai-600 096.
... Petitioner /versus/
1. The Tamil Nadu Agricultural University, Rep. by its Registrar, Maruthamalai Road, Coimbatore- 641 003.
2. The Dean (Agriculture) cum Chairman (Admissions), Tamil Nadu Agricultural University, Maruthamalai Road, Coimbatore- 641 003.
3. The Inspector of Police, All Women Police Station, Tiruvannamalai.
... Respondents Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order bearing Ref.No.TNAU/UG Education/Ms.M.A.Girija/Campus Transfer/2018, dated 07.09.2018 passed by the 2nd respondent transferring the petitioner from TNAU Agricultural College and Research Institute, Vazhavachanur to Anbil Dharmalingam Agricultural College and Research Institute, Navalur, Kuttapattu, Trichirapalli and order bearing Ref.No.Nil.dated 05.02.2019 passed by the 1st respondent University reposting her to the Agriculture College, Tiruchirapalli and to quash the same as being illegal, arbitrary malafide and contrary to the orders passed by the Statutory Authorities and for consequential direction to the 1st respondent University to transfer the petitioner to anyone of the constituent colleges in Coimbatore and to permit her to continue and to complete B.Sc (Agriculture) course in the said college.
For Petitioner : Mr.V.Govardhanan For R1 & R2 : Mr.Abdul Saleem
O R D E R
Heard the Learned Counsel for the Petitioner and the Learned Counsel for the respondents 1 and 2.
2. The petitioner herein, aggrieved by her transfer from Agricultural College and Research Institute, (AC &RI), Vazhavachanur, Thiruvannamalai to Anbil Dharmalingam Agricultural College and Research Institute, Trichy, has filed this writ petition. According to the writ petitioner, the teaching staff of Agricultural College and Research Institute, Vazhavachanur, Thiruvannamalai, misbehaved with her and therefore, she has given a complaint for harassment, the First Information Report been registered and investigated by the police.
Meanwhile, she has been transferred to Anbil Dharmalingam Agricultural College and Research Institute, Trichy, which is very difficult for her to join and continue her course. Since some of her relatives are in Coimbatore, she wants transfer to Tamil Nadu Agricultural University, Coimbatore.
However, the counter filed by the respondent/University, indicates that based on the complaint given by the petitioner/M.A.Girija, one of the teaching staff has been transferred from Agricultural College and Research Institute, Vazhavachanur, Tiruvannamalai to Tamil Nadu Agricultural University, Coimbatore. So transferring the petitioner to Coimbatore, may lead to recurrence of similar complaint.
3. Further, the Learned Counsel appearing for the petitioner would submit that, at Trichy there is an exclusive College for women and hostel. Therefore, she will be very safe and the management will also be saved from further embarrassment of such complaint. The submission made by the Learned Counsel appears to be very genuine and this will balance the interest of both the victim girl as well as the person against whom the charges are pending.
4. Under such circumstances, due to administrative exigencies, the Tamil Nadu Agricultural University, Coimbatore, has passed the impugned order in No.TNAU/UG Education/ Ms.M.A.Girija/Campus Transfer/2018, dated 07.09.2018, which requires no interference.
5. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar bsm
1. The Registrar, The Tamil Nadu Agricultural University, Maruthamalai Road, Coimbatore- 641 003.
2. The Dean (Agriculture) cum Chairman (Admissions), Tamil Nadu Agricultural University, Maruthamalai Road, Coimbatore- 641 003.
3. The Inspector of Police, All Women Police Station, Tiruvannamalai.
+1cc to Mr..Abdul Saleem , Advocate SR.No. 49541 W.P.No.8486 of 2019 & W.M.P.Nos.9013 & 9014 of 2019 A.SK(22/07/2019)