TDB does illegal transfers to hide excess hire in colleges, bypasses HC order

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Kochi: On March 19, Dr Sangeetha S, Assistant Professor at DB Pamba College, Parumala, stood outside the principal's office the entire day with an interim stay order from the Kerala High Court, halting her inter-university transfer to a college in Kollam.
The March 18 order directed Mahatma Gandhi University, principal Sreekala S, and the Travancore Devaswom Board (TDB) — which manages the government-aided college — to maintain the status quo for two months, with a further hearing on May 27.
In the evening, the principal informed Sangeetha, who is three months pregnant, that the status quo meant her transfer to Kollam had been upheld by the court.
It is alleged that TDB twisted the court order to protect the job of CPM union activist Jincy T S, an assistant professor at DB Pampa College. The Higher Education Department had refused to approve her appointment because it was made despite the board already having an excess Botany teacher at DB College, Thalayolaparamba.
Sangeetha returned to the High Court the next day. On Friday, March 21, Justice N Nagaresh issued a second interim order, taking into account Sangeetha's argument that she was relieved "clandestinely." The court directed the principal and TDB to "retain the petitioner in DB Pamba College until further orders."
Armed with the second order, Sangeetha returned to the college only to find the principal on leave and the charge handed to the superintendent. He did not allow her to join.
TDB member Adv A Ajikumar, in charge of DB Pamba College, said that the order had been sent to the board’s law officer for legal advice and that the board will take a call on the HC order on Monday.
Sangeetha's seven-day window to join the Sasthamcotta college ends Tuesday. "If DB Pamba College ignores the second order, I will have to move a contempt of court petition," she said.
In 2019, assistant professor Ajitha D was transferred from DB Pamba College to DB College Thalayolaparamba, at her request, so she could be closer to her home.
In 2020, the Higher Education Department, following the UGC regulations, issued an order stipulating that assistant and associate professor posts must have 16 hours of weekly workload to be filled regularly. Positions with fewer hours must be staffed by guest lecturers.
On June 19, 2020, the Principal Secretary of Higher Education instructed all universities not to approve any new appointments made by government-aided arts and science colleges without clearance from the Director of Collegiate Education, citing the new workload rules.
Since Ajitha’s post at Thalayolaparamba had only 12 hours of workload, she should have been sent back to DB Pamba, and a guest lecturer was appointed in her place at Thalayolaparamba.
Instead, on November 5, 2020, TDB notified the post left vacant by Ajitha at DB Pamba, and three years later, in May 2023, Jincy was appointed to it. When Higher Education Minister and CPM leader Dr R Bindu served as Principal of Kerala Varma College in Thrissur, she hired Jincy as a Botany guest lecturer.
In her second month as an assistant professor—before her appointment was approved—MG University appointed Jincy as a teachers' trainer for the new four-year undergraduate programmes. Six months later, the university approved her appointment without government clearance. But when the college forwarded her appointment for government sanction, the Deputy Director of Collegiate Education in Kottayam refused to approve it, citing the surplus staff at DB College, Thalayolaparamba.
Meanwhile, Ajitha D, an assistant professor with 11 years of experience, sought a transfer back to DB Pamba College, citing the lack of adequate workload. The TDB decided to transfer Sangeetha to a vacant post in KSMDB College in Sasthamcotta, bring back Ajitha, and re-submit Jincy’s appointment for approval to resolve the impasse over Ajitha’s post lacking adequate workload and Jincy’s unauthorised appointment, documents show.
However, Sangeetha's transfer to a Kerala University college was patently illegal. Section 68(A)(i) of the Mahatma Gandhi University Act mandates that inter-university transfers require the teacher’s written request. "I was not even informed about the transfer, let alone asked for my consent," said Sangeetha.
She was handed a TDB order outlining the circumstances of her transfer during a class. She decided to take leave that afternoon and approach the High Court. "When I called the HoD to inform her about my leave, she handed the phone to the principal. The Principal told me Ajitha was already in her office to join duty and my transfer would automatically take effect," Sangeetha said.
TDB documents show the board took the decisions on March 5 but issued the order on March 14. Sangeetha was given the order on March 17, while Ajitha had been informed earlier. "This was done to prevent me from going to court," said Sangeetha.
When Sangeetha returned on March 20 with a High Court "status quo" order, she was told she had been relieved on March 19—the same day the court order was issued. This prompts her counsel, senior advocate K Kaleeshwaram Raj, to tell the court the relieving order had been made "clandestinely".