T.Saleena vs Dist.Educational Officer on 13 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33399 of 2008(A)



1. T.SALEENA
                      ...  Petitioner

                        Vs

1. DIST.EDUCATIONAL OFFICER
                       ...       Respondent

                For Petitioner  :SRI.T.A.SHAIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/11/2008

 O R D E R
                           ANTONY DOMINIC, J.
                          ==============
                      W.P.(C) NO. 33399 OF 2008 (A)
                     ====================

              Dated this the 13th day of November, 2008

                              J U D G M E N T

Petitioner claims to be a separated wife with four children.

2. By Exts. P1 and P3, she applied for transfer certificate of her

children from the 3rd respondent school in order to get the children

admitted in the 4th respondent, which is said to be nearer to her place of

residence. Petitioner states that it is difficult for the children to attend the

school as their life is made miserable by her estranged husband. The

application made for TC were rejected by the Headmaster for the reason

that the wards were admitted by the father and Exts.P2 and P4 are the

communications received by the petitioner in this respect. Thereupon, the

petitioner moved the AEO by filing Ext.P5 and according to the petitioner,

Ext.P5 has been forwarded by the AEO to the 1st respondent and his

directions are awaited. In this writ petition, she is complaining that neither

the AEO or the DEO have taken decision on the request made by Ext.P5.

3. Now that the matter is pending before the DEO, it is essential

for the DEO to consider and pass orders in this matter. However, such

order can be passed only with notice to the father of the children who has

admitted the students in the 3rd respondent school.

WPC 33399/08
:2 :

4. Therefore, the writ petition is disposed of directing that the 1st

respondent shall decide on Ext.P5, if the same is pending before him with

notice to the petitioner and her husband, whose address will be furnished

by the petitioner while producing a copy of this judgment before the 1st

respondent. Orders on Ext.P5 shall be passed as above, at any rate within

one month of production of a copy of this judgment.

Petitioner shall produce a copy of this judgment before the 1st

respondent for compliance.

ANTONY DOMINIC, JUDGE
Rp