IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23560 of 2009(L)
1. THE MANAGER, VALANCHERY HIGHER SECONDARY
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTION,
3. DISTRICT EDUCATIONAL OFFICER,
4. SRI.T.V.RAGHUNATH, H.S.A.(MATHS),
For Petitioner :SRI.V.RAJENDRAN
For Respondent :SRI.K.E.HAMZA
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :10/11/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No.23560 of 2009-L
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Dated this the 10th day of November, 2009.
JUDGMENT
The petitioner is the corporate manager of Valanchery Higher
Secondary School and Valancherry Girls High School in Tirur Educational
District. The petitioner is aggrieved by Ext.P4 order passed by the
Government disposing of Ext.P3 revision petition.
2. By Ext.P1, the petitioner transferred the 4th respondent and one
Shri M. Sunilkumar mutually. Both are working as HSA (Maths) in the
respective schools. This was interfered with by the Director of Public
Instruction by Ext.P2, against which the petitioner filed Ext.P3 revision
petition before the Government. The same stands rejected by Ext.P4.
3. Learned counsel for the petitioner submitted that before passing
Ext.P4, the petitioner and other necessary parties were not heard. It is
pointed out that both schools are situated in the very same compound and
the transfer ordered by the manager has not resulted in any hardship or
prejudice to the teachers concerned. It is also stated that the 4th respondent
has not raised any objection against the transfer, before the manager also.
4. Learned counsel for the 4th respondent submitted that the transfer
wpc 23560/2009 2
is ordered in the middle of the academic year and that Rule 10 of chapter
XIV-A has also been violated.
5. Evidently, in Ext.P4 the detailed reasons in support of the
conclusion have not been stated. The parties were also not heard. In that
view of the matter, Ext.P4 is quashed. There will be a direction to the
Government to take a fresh decision in accordance with law, after hearing
the petitioner, the 4th respondent and any other affected teachers, within a
period of three months from the date of receipt of a copy of this judgment.
Till orders are passed, status quo as on today shall be maintained.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/