IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18664 of 2008(V)
1. A.HARIDAS,
... Petitioner
Vs
1. THE DEPUTY DIRECTOR OF EDUCATION,
... Respondent
2. THE AEO,KOZHIKODE CITY,
3. P.SUKUMARAN,
For Petitioner :SRI.K.B.GANGESH
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/06/2008
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 18664 OF 2008 V
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Dated this the 20th June, 2008
JUDGMENT
The petitioner is working as the Headmaster of Chinthavalappu
U.P.School, Kozhikode. It is stated that he was promoted as Headmaster
on 7.6.2005 and he joined the present School on 1.6.2006.
2. The petitioner challenges Ext.P1 order of transfer dated
13.6.2008, by which, he was transferred from Chinthavalappu U.P.School
to GWLP School, Mukkathukadavu, Feroke. By the same order of
transfer, the third respondent who is working in Ganapath U.P.School,
Feroke, has been transferred to G.U.P.School, Chinthavalappu. It is
stated in the Writ Petition that upon issuance of Ext.P1, the first
respondent, Deputy Director of Education, Kozhikode, has proceeded on
leave and thereby the opportunity to make a representation before him
was denied to the petitioner. It is the further case of the petitioner that the
order of transfer is against Ext.P2 guidelines. Petitioner contends that
Ext.P1 order of transfer has been issued to accommodate seven teachers
within Calicut District as Headmasters on temporary basis. The third
respondent is not a newly appointed Headmaster. It is not to
accommodate any newly appointed Headmaster that the petitioner has
W.P.(C) NO.18664 OF 2008
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been ordered to be transferred to another school. Another contention
raised by the petitioner is that he has completed only two years in the
present station and that he had not made any request for transfer.
Normally, a person would be transferred within two years only on the
ground of inefficiency, learned counsel contends.
3. Apart from stating that Ext.P1 order has been issued to
accommodate newly appointed Headmasters, the petitioner has not
alleged or made out any case of mala fides or arbitrariness. I am not
inclined to admit the Writ Petition as I am of the view that the reliefs
sought for by the petitioner cannot be granted.
4. The petitioner points out that even if he were to be transferred,
the same could have been done by transferring him to a nearby School at
Nediyanad or Ganapath U.P.School, Feroke from where the third
respondent is now transferred. These are all matters which the first
respondent may consider in a representation to be submitted by the
petitioner.
Leaving open the liberty of the petitioner to make appropriate
representation before the first respondent, the Writ Petition is dismissed.
If any representation is submitted by the petitioner before the first
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respondent, the first respondent shall dispose of the same expeditiously
and, at any rate, within a period of one month.
(K.T.SANKARAN)
Judge
ahz/