No mala fide intent: Kerala HC sets aside stay on transfer of 7 Medical College Principals
Kerala: The Kerala High Court has set aside the Kerala Administrative Tribunal's (KAT) order that had stayed the transfer of principals of seven Government Medical Colleges (GMC), allowing the state government's transfer process to proceed.
The court observed that there was no evidence to indicate that the transfer order was issued with mala fide intent or for irrelevant reasons, allowing the State government's transfer process to proceed.
The decision came on a petition filed by the Kerala government challenging the tribunal's interim stay on the transfer order. While vacating the stay, the High Court clarified that the tribunal may continue hearing the matter, as replies from the parties are still pending.
The dispute arose after the Medical Education Department initiated its general transfer process in March 2026 by inviting applications from eligible employees. Subsequently, the government issued a combined promotion and transfer order in June 2026, which was challenged before the tribunal. The petitioners argued that the combined order bypassed the general transfer process and did not provide employees an opportunity to raise objections.
The tribunal had earlier stayed the transfer order for one month, observing that employees should be given a fair opportunity to present their grievances before transfers are finalised. It later modified its interim order, permitting the government to consider promotions while allowing the affected officials to continue in their existing postings temporarily.
However, the High Court observed that issuing a combined promotion and transfer order was necessary for effective administration. It noted that courts and tribunals should ordinarily avoid interfering in transfer decisions unless there is clear evidence of mala fide intent or violation of statutory provisions.
The Bench also pointed out that the tribunal had not adequately considered the larger public interest in implementing promotion and transfer orders within Government Medical Colleges and the Directorate of Medical Education.
According to The Hindu, the High Court further observed that transfer is an administrative decision taken by the employer based on institutional requirements. It held that personal inconvenience to employees or their families, by itself, is not a sufficient ground for judicial interference with transfer orders.
