IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 38257 of 2010(F)
1. RUGMINI M, W/O NARAYANAN, H.M.PRINCIPAL
... Petitioner
Vs
1. THE DIRECTOR OF PUBLIC INSTRUCTIONS
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.SASINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/12/2010
O R D E R
K.T.SANKARAN, J.
------------------------------
W.P.(C).No.38257 OF 2010
------------------------------
nd
Dated this the 22 day of December, 2010
JUDGMENT
The petitioner, while working at G.H.S.S,
Vellur, Kannur, was promoted as Headmistress and
posted as such at G.F.V.H.S.S, Kaipamangalam,
Thrissur. It is stated that the petitioner is a
resident of Kannur District and that she has got a
preferential claim for transfer on the ground that
she has married a person belonging to another
caste. The petitioner applied for transferring her
to any of the schools either in Kannur or Kasaragod
Districts (Ext.P4 and P4(a)). Thereafter, Ext.P5
order dated 3.8.2010 was passed by the Director of
Public Instruction by which several Headmasters
were transferred to various stations. Serial No.7
in Ext.P5, namely, P.K.Sethumadhavan Nambiar, was
granted transfer to GVHSS Mogral. It is alleged
that Sethumadhavan Nambiar is junior to the
petitioner and therefore, the petitioner should
W.P.(C).No.38257 OF 2010 2
have been considered at the time of issuing Ext.P5
transfer order. The petitioner submitted Ext.P6
representation dated 4.12.2010 to the Director of
Public Instruction pointing out her grievance and
also praying for transferring her to any of the
schools mentioned in Ext.P6, where vacancy exists.
Ext.P6 is pending disposal.
2. Though several reliefs are claimed in the
Writ Petition, learned counsel for the petitioner
submitted that for the time being, the petitioner
would be satisfied, if Ext.P6 is directed to be
disposed of.
3. Heard the learned counsel for the petitioner
and the learned Government Pleader.
In the facts and circumstances of the case, the
Writ Petition is disposed of as follows:
a) The Director of Public Instruction
shall consider and dispose of Ext.P6
W.P.(C).No.38257 OF 2010 3
representation dated 4.12.2010
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 any
affected party.
b) The petitioner waives her right to be
heard by the Director of Public
Instruction before disposal of Ext.P6
representation.
c) The petitioner shall produce a copy of
the Writ Petition and certified copy
of the judgment before the Director of
Public Instruction.
K.T.SANKARAN,
JUDGE.
cms