JUDGEMENT
K.K. Trivedi, J. -
(1.)SINCE the question involved in all the writ petitions and the challenge is to the order of transfer in all the matters they are heard together. However, the facts are taken from W.P. No. 8099/2014 as on receipt of the advance copy of the writ petition, a return is filed by the respondent -State in this case.
(2.)THE petitioners, Professors in the Higher Education Department, in respective subjects, are aggrieved by the order dated 22.5.2014, by which they have been transferred from their place of posting to the other colleges. The reason for transfer mentioned in the order impugned is for filling up the vacant post, on administrative exigencies, therefore, such order of transfer has been issued.
The grievance of the petitioners is that they have approached this Court on earlier occasion when certain adverse orders were passed against them and since those writ petitions were considered, orders were passed, the petitioners have now become eyesore and that being so, the order of transfer has been issued. It is further contended that the petitioners cannot be transferred dehors the guidelines issued by the University Grants Commission (hereinafter referred to as the UGC for short) and that being so, malafidely since the proposals have been made for transfer of the petitioner on alleged administrative exigency, the order of transfers is bad in law and is liable to be quashed. It is the case of the petitioners in common that if there were surplus posting of persons in the College where the petitioners were posted, only the surplus persons were required to be shifted and petitioners were not to be disturbed. Further, it is contended that the petitioners are working in an autonomous Colleges of Excellence from where they could not be transferred to any other College.
(3.)THE respondent -State has filed the return contending inter alia in brief that since the petitioners were working on one post for a long period, the cases in common were considered for transfer of those who have remained posted in one place for a long period, to other places where the posts were lying vacant for a long time. No action has been taken with any malafide intention against the petitioners. The UGC norms are not mandatory but only are directives. It is not correct to say that because of the extension of the term of College with the potential of excellence, the transfer of the petitioners was not permissible.
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