Kochi: The Kerala High Court has struck down the Travancore Devaswom Board's order transferring a botany teacher from DB Pampa College, Parumala -- affiliated to Mahatma Gandhi University -- to another college under the University of Kerala, ruling that such an inter-university transfer without her consent violated statutory provisions.

In a judgment dated May 13, Justice N Nagaresh held the transfer of Dr Sangeetha S (38) to Kumbalathu Sankupillai Memorial Devaswom Board (KSMDB) College in Sasthamcotta, Kollam, "cannot stand the scrutiny of law".

The court's ruling punctures the Board’s broader move to regularise the illegal appointment of another teacher -- a CPM union leader -- who has been working without salary in the same department at Pampa College for the past two years. Onmanorama reported on March 24 that TDB was orchestrating Sangeetha’s transfer to make space for the leader. 

The court quashed Sangeetha's transfer citing Section 68A of the Mahatma Gandhi University Act, 1985, which stipulates that inter-university transfers of teachers of aided colleges can only be made on the written request of the teacher concerned. "The petitioner (Sangeetha) has not made any request for any inter-university transfer. Therefore, the transfer order is illegal," the court said.

Why was Sangeetha transferred?
In May 2023, TDB appointed Jincy TS as an assistant professor in the Department of Botany at Pampa College. She was appointed to a post deemed vacant in 2019, when Assistant Professor Ajitha D took a transfer to DB College, Thalayolaparambu in Kottayam district, to be closer to home.

However, in April 2020 -- a year after Ajitha's transfer -- the Higher Education Department issued an order mandating that only posts with a minimum weekly workload of 16 hours could be filled by regular teachers. Ajitha's post at Thalayolaparambu had just 12 hours and, as per the new norms, could be staffed only with guest lecturers.

Then, on June 19, 2020, the Principal Secretary of Higher Education directed all universities not to approve new appointments made by aided arts and science colleges without prior clearance from the Director of Collegiate Education.

Despite the two directives, TDB neither recalled Ajitha to the Parumala college nor treated the post as unavailable. Instead, it notified the vacancy and, three years later, appointed Jincy, a CPM union member, to the post. Jincy had previously worked as a guest lecturer at Kerala Varma College, Thrissur when CPM leader and Higher Education Minister Dr R Bindu was the vice-principal.

Within six months of her appointment, MG University approved Jincy’s posting -- in violation of the 2020 government order.

However, when the college submitted her appointment file for government sanction, the Deputy Director of Collegiate Education in Kottayam refused approval on December 28, 2024, citing staff surplus at the Thalayolaparambu college.

Meanwhile, Ajitha, with 11 years of service, requested a transfer back to Pampa College, fearing her job might be at risk. TDB agreed and issued an order on March 14, 2025.

But in the same order, TDB also transferred Sangeetha to the Sasthamcotta college -- explaining that it was to secure Jincy's appointment.

Ajitha, aware of the order, rejoined DB Pampa College on March 17, effectively nullifying her post at Thalayolaparambu.

Sangeetha, then three months pregnant, was hand-delivered the transfer order only after Ajitha joined the Pampa College. She moved the High Court the next day (March 18) and secured a stay on the transfer.

The situation led to a bizarre standoff: four teachers now occupied three posts in the Botany Department at DB Pampa — one without pay, one with an inbound transfer, one with an outbound transfer, and the Head of Department.

During the hearing, Justice Nagaresh asked the TDB to present a solution. TDB's counsel Adv R S Lakshman laid bare the plan: if Sangeetha’s transfer is allowed, she would join Sasthamcotta college, Jincy's appointment could be approved within two months, Jincy could then be transferred to Sasthamcotta, and Sangeetha brought back to DB Pampa College.

Sangeetha’s counsel, Adv K Kaleeshwaram Raj, strongly objected. He pointed out that under the Mahatma Gandhi University Act and the University of Kerala Act, a teacher can be granted an inter-university transfer only once in their entire service period. Moreover, the transfer would make Sangeetha the most junior teacher at KSMDB College, Sasthamcotta.

The court agreed. "As Section 68A provides that an inter-university transfer can be granted only once during the entire period of service of a teacher, it would be legally impossible for the petitioner to return to her home station. Therefore, I am of the view that the transfer order cannot stand the scrutiny of law," the judgment said.

Fallout of the judgment
By striking down the transfer, the High Court not only quashed Sangeetha’s posting to Sasthamcotta but also, by extension, invalidated Ajitha’s transfer from Thalayolaparambu to DB Pampa College, since both transfers were issued through a single order.

But as TDB’s counsel admitted in court, there is no longer a sanctioned assistant professor post at Thalayolaparambu for Ajitha to return to.

TDB is now expected to appeal the judgment, this time not only to salvage Jincy's appointment but also to protect Ajitha's job.

When contacted, Sangeetha said she was relieved by the verdict but apprehensive about the long and costly legal fight ahead -- especially as she prepares to become a mother for the second time.