HC can’t run administration by intervening in transfer orders: Judge

CHENNAI: Observing that the court cannot run the government administration as it would cause inconvenience to public administration, the Madras High Court ruled that litigants should not expect the court to interfere with such administrative transfer matters routinely.

Justice SM Subramaniam passed the direction on dismissing the petition filed by C Lakshmi Priya, a BT Assistant from Tirupadiripuliyur in the Cuddalore district.

The petitioner challenged the transfer order issued by the school education department transferring her from a school in Tirupadiripuliyur to Panruti.

However, the judge held that the court is of the considered opinion that administrative transfers are issued in various circumstances for effective public administration.

"The High Court cannot run the administration and in the event of any such interference in such administrative transfers, it would cause inconvenience to the public administration as the Competent Authorities are bound to ascertain the requirements and accordingly post the employees for efficient public administration," Justice Subramaniam held.

He further observed that an order of transfer can be challenged before the High Court if it is tainted with an allegation of malafides or issued by an Incompetent Authority, but not otherwise.

In the case of Lakshmipriya, the court held that the order of transfer was issued based on the fact that the petitioner was treated as surplus under the inspection conducted by the Competent Authorities of the education department.

"She was transferred to the nearby school, which is at 22 kilometers distance and the petitioner instead of joining challenged the transfer order and the vacate stay petition filed by the government is also not taken up by the courts for the past about five years, which caused inconvenience to the public administration, " the judge added.

The judge further directed the HC Registry to list the vacate stay petitions as per the mandate of the Constitution under Article 226 of the Constitution of India.

"Once the vacate stay petition is filed, it is to be listed without causing any undue delay. But the practice prevailing in this High Court is that the vacate stay petitions are not even listed for several years," Justice Subramaniam noted.