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Madras High CourtWP/30665/2025allowed

Prem Kumar Singh v. The Principal

2025-09-09Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 26.08.2025 PRONOUNCED ON : 09.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN and W.M.P.No.34365 of 2025 Prem Kumar Singh ... Petitioner Vs.

1.The Principal PMSHRI Kendriya Vidyalaya DGQA Palavanthangal, Chennai-600 061 2.The Deputy Commissioner Kendriya Vidyalaya Sangathan, Chennai Regional Office, IIT Campus, Chennai-600 036 3.The Commissioner, Kendriya Vidyalaya Sangathan 18, Institutional Area, Shaheed Jeet Singh Marg New Delhi-16 ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to quash the order of the Central Administrative Tribunal, Chennai bench, dated 31.07.2025, vide which interim relief sought in O.A.No.849 of 2025 has been wrongly declined by the Tribunal, making the O.A infructuous, and call for the records of the Tribunal culminating with it's order dated 31.07.2025. For Petitioner : Mr.Prem Kumar Singh Party-in-person For Respondents : Mr.M.Vaidhiyanathan

ORDER

M.S.RAMESH, J.

As against the interim order dated 31.07.2025, passed by the Central Administrative Tribunal (CAT), Madras Bench, declining to grant stay of the operation of the petitioner's transfer and relief dated 28.07.2025, pending the main O.A No.849 of 2025, this Writ Petition has been filed.

2. The petitioner, who appears as a party-in-person before us, submitted that under the transfer policy of Kendriya Vidyalaya Sangathan (KV), he had submitted his online transfer application indicating his choices for transfer, among which he had opted for KV, Avadi, Tamil Nadu.

However, this choice was ignored by the Management, and he was transferred to KV No.01, Binnagudi cantt., West Bengal Region. According to him, the transfer order and relieving order are punitive in nature. He further submitted that his son is studying in Class 10 at KV, Pazhavathangal, Chennai, and the present transfer would have an adverse effect on his academic session and hence, he pleaded for an interim order.

3. Mr.M.Vaidhiyanathan, learned Standing Counsel for the respondents, strenuously opposed the submissions. According to him, the transfer was purely on administrative grounds, and that in view of the petitioner's involvement in frequent indisciplinary activities, which have been adversely affecting the school's academic environment, as well as the efficiency and morale of other teachers, an administrative decision was taken to transfer him.

4. Heard Mr.Prem Kumar Singh, party-in-person and Mr.M.Vaidhiyanathan, learned standing counsel appearing for the respondents 1 to 3.

5. To the interim prayer for stay of the transfer order, the CAT appears to have given an option to the petitioner to have his representations seeking for retention considered by the Kendriya Vidyalaya, which he had declined, and therefore, the main application was adjourned. The petitioner is aggrieved against this.

6. Since the transfer and relieving order dated 28.07.2025 is under challenge before the CAT in the main application, we do not intend to go into the merits of the submissions made on either side and leave it open to the parties to adjudicate the same before the CAT. Nevertheless, we are of the prima facie view that when the petitioner had given his option to be transferred to KV, Avadi, which is stated to be still vacant, the management could have considered his request if they were genuinely concerned about the allegations of his indisciplinary activities.

7. The fact that the petitioner's son is in the middle of his academic year in Class X is not in dispute. The present transfer may have an adverse bearing to his studies. Taking an overall view of these aspects, we are

inclined to consider the prayer sought for before us.

8. Accordingly, the impugned order dated 31.07.2025 passed in O.A No.849 of 2025 is set aside. Consequently, there shall be an order of interim stay of the impugned transfer and relieving orders, both dated 28.07.2025, pending disposal of O.A.No.849 of 2025 before the Central Administrative Tribunal, Madras Bench.

9. Accordingly, this Writ Petition stands allowed. No Costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [V.L.N., J] 09.09.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu

M.S.RAMESH, J.

and V. LAKSHMINARAYANAN , J.

Anu To 1.The Principal PMSHRI Kendriya Vidyalaya DGQA Palavanthangal, Chennai-600 061 2.The Deputy Commissioner Kendriya Vidyalaya Sangathan, Chennai Regional Office, IIT Campus, Chennai-600 036 3.The Commissioner, Kendriya Vidyalaya Sangathan 18, Institutional Area, Shaheed Jeet Singh Marg New Delhi-16 4.The Public Prosecutor, High Court, Madras.

Pre-delivery order made in and W.M.P.No.34365 of 2025 09 .09. 2025