Kerala High Court vacates KAT’s stay on transfer of Government Medical College Principals

The Kerala High Court has set aside the Kerala Administrative Tribunal’s order staying the transfer of Principals of seven Government Medical Colleges. (Photo for representation) The Kerala High Court has set aside the Kerala Administrative Tribunal’s (KAT) order staying the transfer of Principals of seven Government Medical Colleges.The petition was filed by the Kerala government aggrieved by the tribunal’s stay on the transfer of the Principals. The court held that there was insufficient evidence to find mala fide or irrelevant considerations in the transfer order as alleged before the tribunal. However, it said the tribunal is entitled to continue with the proceedings, since there were statements pending to be filed by all the parties. A general transfer order was initiated in March 2026, inviting applications from employees under the Medical Education department. Later, another combined promotion and transfer order was issued in June 2026, which was challenged before the tribunal, stating that the general order was rendered meaningless by the combined order and that the applicants were not given an opportunity to place their grievances regarding the transfer list. On the application of persons affected by the State’s combined order, the tribunal had opined that the procedure for general transfer promised procedural transparency. The practice of issuing piecemeal orders without an opportunity for the employees to raise their objections would be prejudicial to the employees, and stayed the transfer order for one month. It clarified that the order would not stand in the way of the State finalising the general transfer proceedings. Later, the tribunal also made certain modifications to its stay order, stating that the promotions declared in the combined order could be considered in a way that would maintain the present postings of the aggrieved persons. The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. found that a combined order was necessary for effective administration and that the scope of judicial interference, in the absence of proof of ill intent or violation of statutory provisions, was very limited. The tribunal failed to consider the public interest in implementing the promotion orders issued in the Government Medical Colleges and the Directorate of Medical Education. The court also noted that all the affected persons had not been added as parties to the original application before the tribunal.The court observed that transfer decisions were the employer's prerogative, depending on administrative necessities. The inconveniences caused to the employee and his/her family were not sufficient reason to interfere with a transfer order. Where the promotees are to be accommodated and the suitable posts for posting officers for better administration of the department are all decisions of the State, and as a matter of routine, a court or a tribunal should not interfere with such orders, the court held. Published - July 31, 2026 08:24 pm IST