High Court says transfer is an administrative decision and finds no evidence of mala fide intent in the State Government’s transfer order.
The Kerala High Court has set aside the interim order of the Kerala Administrative Tribunal (KAT) that had stayed the transfer of principals of seven Government Medical Colleges (GMCs), allowing the State Government to continue with its promotion and transfer process.
The Court held that there was no material to suggest that the transfer order was issued with mala fide intent or for irrelevant considerations. While vacating the tribunal’s stay, the High Court clarified that the Kerala Administrative Tribunal may continue hearing the matter, as replies from the concerned parties are still pending.
The dispute arose after the Department of Medical Education initiated the annual general transfer process in March 2026 by inviting applications from eligible employees. Subsequently, in June 2026, the State Government issued a combined promotion and transfer order covering several officials, including principals of Government Medical Colleges.
The combined order was challenged before the Kerala Administrative Tribunal, with the petitioners alleging that it bypassed the regular transfer process and denied employees an opportunity to submit objections before the transfers were finalised.
Earlier, the tribunal had stayed the transfer order for one month, observing that affected employees should be given a fair opportunity to raise their grievances. It later modified the interim order by permitting the government to proceed with promotions while allowing the transferred officials to continue in their existing postings temporarily.
However, the Kerala High Court observed that issuing a combined promotion and transfer order was an administrative necessity to ensure the smooth functioning of government medical institutions.
The Bench further held that courts and tribunals should ordinarily refrain from interfering in transfer matters unless there is clear evidence of mala fide intent, arbitrariness, or violation of statutory provisions.
The Court also noted that the tribunal had failed to adequately consider the larger public interest involved in implementing promotion and transfer orders within Government Medical Colleges and the Directorate of Medical Education.
Emphasising the settled legal position, the High Court observed that transfer is an administrative decision taken by the employer based on institutional requirements. It ruled that personal inconvenience faced by employees or their family members, by itself, cannot be a valid ground for judicial interference in transfer orders.
With the stay vacated, the State Government’s transfer process for the principals of the seven Government Medical Colleges will now proceed, while the tribunal continues to hear the main petition on its merits.
