P.Thanooja vs The Deputy Director Of Education on 7 April, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11751 of 2009(L)


1. P.THANOOJA, W/O.RAJEEV.C.P.,
                      ...  Petitioner

                        Vs



1. THE DEPUTY DIRECTOR OF EDUCATION,
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF EDUCATION,

3. THE HEAD MASTER, GOVERNMENT HIGHER

4. THE DIRECTOR OF PUBLIC INSTRUCTION,

5. STATE OF KERALA, REP. BY SECRETARY,

                For Petitioner  :SRI.P.K.RAMKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :07/04/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                  -----------------------------
                     W.P(C) No. 11751 of 2009-L
                  ------------------------------
                 Dated this the 7th day of April, 2009.

                             J U D G M E N T

Heard Sri.P.K.Ramkumar, the learned counsel appearing for

the petitioner and Sri.A.J.Varghese, the learned Government Pleader

for the respondents.

2. The petitioner is presently working as HSA (English) in

Government Higher Secondary School, Meenangadi, Wynad District.

She has submitted Ext.P1 application dated 9.2.2009 before the

Deputy Director of Education, Wynad through the Headmaster of the

school seeking inter district transfer to Kozhikode district. The

petitioner submits that the original of Ext.P1 was forwarded by the

Deputy Director of Education, Wynad to the Director of Public

Instruction and that the Director of Public Instruction is yet to

forward it to the Deputy Director of Education, Kozhikode, the

authority competent to order inter district transfer to Kozhikode

district. In this writ petition the petitioner seeks a writ in the nature

of mandamus commanding the respondents to grant the request

made in Ext.P1. In the alternative the petitioner seeks a direction to

the Director of Public Instruction to consider Ext.P1 application for

W.P(C) No. 11751 of 2009-L 2

inter district transfer and pass orders thereon.

3. The learned Government Pleader appearing for the

respondents submits that the Deputy Director of Education,

Kozhikode is the competent authority to pass orders on Ext.P1. In

that view of the matter I dispose of the writ petition with the

following directions:

The Director of Public Instruction shall if the original of Ext.P1

have been received by him from the Deputy Director of Education,

Wynad, forward the same to the Deputy Director of Kozhikode. This

shall be done within one month from today. The Deputy Director of

Education, Kozhikode, shall within one month thereafter consider

the said application and take a decision thereon, in accordance with

the Government orders and rules governing the field.

The writ petition is disposed of as above.

Sd/-

P.N.RAVINDRAN
JUDGE

//True Copy//

PA to Judge
ab