IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35833 of 2010(D)
1. ANIL.P.M,PRINCIPAL,G.H.S.S.,MANKADA,
... Petitioner
Vs
1. THE SECRETARY TO GOVERNMENT,GENERAL
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
3. MUHAMMED BASHEERUDHEEN ANANGADAN,
For Petitioner :SRI.V.C.JAMES
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/12/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 35833 OF 2010 D
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Dated this the 6th day of December, 2010
JUDGMENT
The petitioner is working as Principal, Government Higher
Secondary School, Mankada, Malappuram District. He submitted
Ext.P5 application for transfer. In the application, he had shown
names of four schools in the order of preference, the first among
them being Government Higher Secondary School, Irumbuzhi,
Malappuram District. The grievance of the petitioner is that his
application for transfer was not considered and the third respondent
was transferred to Government Higher Secondary School,
Irumbuzhi, as per Ext.P6 order of transfer dated 26.11.2010. The
petitioner contends that he was appointed as the Principal of
Government Higher Secondary School as per ext.P1 Government
Order dated 1.8.2009, whereas the third respondent was appointed
as Principal only as per Ext.P2 Government Order dated 27.3.2010.
The petitioner also contends that he being senior to the third
respondent, he should have been granted preference, going by G.O.
(P) No.115/09/Gl.Edn. dated 27.5.2009 (Ext.P3). As per Ext.P3
W.P.(C) NO.35833 OF 2010
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guidelines, the petitioner contends that he should have been
preferred to the third respondent for transfer to the school of choice
mentioned in Ext.P5 application. The petitioner submitted Ext.P7
representation dated 27.11.2010 to the first respondent through
proper channel. Ext.P7 is pending disposal.
2. Though several reliefs are prayed for in the Writ Petition
including a prayer to quash Ext.P6, learned counsel for the petitioner
submitted that, for the time being, it would be sufficient if Ext.P7 is
directed to be considered and disposed of by the first respondent.
3. In the facts and circumstances of the case, there will be a
direction to the first respondent to consider and dispose of Ext.P7
representation dated 27.11.2010 submitted by the petitioner, as
expeditiously as possible and, at any rate, within a period of one
month from the date of receipt of a copy of the judgment, after
affording an opportunity of being heard to the petitioner and the third
respondent. The petitioner shall produce a copy of the Writ Petition
and certified copy of the judgment before the first respondent. The
petitioner shall also send a copy of the Writ Petition and copy of the
W.P.(C) NO.35833 OF 2010
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judgment before the third respondent by registered post and he shall
produce proof of the same before the first respondent.
The Writ Petition is disposed of as above.
(K.T.SANKARAN)
Judge
ahz/