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Madras High CourtWP(MD)/14686/2025dismissed

Soundrapandian A v. The Commissioner Of Collegiate Education

2025-08-25Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.14686 of 2025 and W.M.P.(MD) No.10903, 10905 & 11473 of 2025 A.Soundrapandian : Petitioner Vs.

1. The Commissioner of Collegiate Education, Directorate of Collegiate Education, State Government of Tamilnadu, Chennai - 15.

2. The Principal, Shri Meenakshi Government Arts College For Women (A), Madurai - 625002.

3. The Principal, Arts and Science College, Thali, Krishnagiri - 635107.

: Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of transfer passed by 1st respondent through her proceedings in Na.Ka.No. TNDCE/3571/2025B3 dated 19.05.2025 and the consequential relieving order passed by 2nd 1/6

respondent through her proceedings in Na.Ka.No. 2490/L/2025 dated 22.05.2025 and to quash the same and further direct the 1st respondent to restore the petitioner in 2nd respondent college as Assistant programmer. For Petitioner : Mr.T.S.Mohamed Mohideen For Respondents : Mr.M.Ajmal Khan Additional Advocate General assisted by Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed challenging the impugned order of transfer passed by 1st respondent in Na.Ka.No. TNDCE/3571/2025-B3 dated 19.05.2025 and the consequential relieving order passed by 2nd respondent in Na.Ka.No. 2490/L/2025 dated 22.05.2025 and further to direct the 1st respondent to restore the petitioner in 2nd respondent college as Assistant programmer.

2. The learned counsel appearing for the petitioner would submit that the petitioner was appointed in the second respondent college in the year 1997 as Assistant Programmer and he rendered 28 years of long 2/6

service in the second respondent college without any adverse remarks. The petitioner is undergoing a treatment for cerebral atrophy, which is a kind of disease of nervous disorder. Further, the mother of the petitioner is under his care and custody. While this being so, without assigning reasons, the petitioner was transferred from the second respondent college to the Government Arts and Science College, Krishnagiri (Thali), which is impermissible in law.

3. The learned counsel appearing for the petitioner would further submit that the petitioner one Vellaichamy, who was employed as Assistant Programmer in the Computer Application Department is transferred to the Computer Science Department in the same college. Further the distance between Madurai and Krishnagiri is more than 400 kms and the petitioner is at the verge of retirement and therefore, the impugned order of transfer is unsustainable one.

4. Per contra, the learned Additional Advocate General appearing for the respondents would submit that the petitioner was working as Assistant Programmer in the second respondent college and the post of Assistant Programmer is lying vacant in the Government Arts and 3/6

Science College, Krishnagiri for more than several years. Since the petitioner is a fit person to be placed in Krishnagiri (Thali) Government Arts and Science College, the order of transfer has been issued, which is purely on administrative grounds, not on malafide ground. He would further submit that the petitioner is in now Computer Application Department and the available post is only in Computer Application Department and not in Computer Science Department, for which there is no vacant post available in Thali.

5. Heard the submissions made by the learned counsel on either side and perused the materials placed before this Court.

6. Admittedly, the petitioner has 28 years of service in the second respondent college and there is no malafide intention in transferring the petitioner from Madurai to Krishnagiri. There is no violation of principles of natural justice. In view of the same, this Court directs the petitioner to join the newly transferred place, Krishnagiri within a period of two weeks from the date of receipt of a copy of this order. After such joining, the petitioner is given liberty to make an application seeking retransfer, if any other suitable person is available to be placed in Thali, 4/6

Krishnagiri.

7. With the above directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

25.08.2025 Index : Yes / No NCC : Yes / No Sm To:-

1. The Commissioner of Collegiate Education, Directorate of Collegiate Education, State Government of Tamilnadu, Chennai - 15.

2. The Principal, Shri Meenakshi Government Arts College For Women (A), Madurai - 625002.

3. The Principal, Arts and Science College, Thali, Krishnagiri - 635107.

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M.DHANDAPANI, J.

Sm W.P.(MD) No.14686 of 2025 25.08.2025 6/6