IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WP(C).No. 23560 of 2009(L) ---------------------------------------- PETITIONER(S): ----------------------- THE MANAGER, VALANCHERY HIGHER SECONDARY SCHOOL & VALANCHERY GIRLS HIGH SCHOOL, VALANCHERY, MALAPPURAM DISTRICT. BY ADV. MR.V.RAJENDRAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, TIRUR. 4. SRI.T.V.RAGHUNATH, H.S.A.(MATHS), VALANCHERY HIGHER SECONDARY SCHOOL, VALANCHERY, MALAPPURAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT.T.B.RAMANI R4 BY ADV. MR.K.E.HAMZA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23560/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.M-38/2007 -08 DTD. 24.9.07 OF THE PETITIONER. P2:- COPY OF THE ORDER DTD. 11.8.08 OF THE 2ND RESPONDENT. P3:- COPY OF THE REVISION PETITION DTD. 23.10.08 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. P4:- COPY OF THE ORDER DTD. 30.4.09 OF THE IST RESPONT. P5:- COPY OF THE LETTER DTD. 27.7.09 OF THE 3RD RESPONDENT. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.23560 of 2009-L - - - - -- - - - - - - - - - - - - - - - - - - - - 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/