IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 WP(C).No. 37814 of 2009(V) -------------------------- PETITIONER(S): --------------- VIJAYAN.G, H.S.A. (S.S), GOVERNMENT V.H.S.S. & H.S.S., KADAKKAL, KADAKKAL P.O., KOLLAM-691 536. BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, DIRECTORATE OF DEPUTY DIRECTOR, GENERAL EDUCATION DEPARTMENT, KOLLAM. 3. DISTRICT EDUCATIONAL OFFICER, PUNALUR. 4. THE PRINCIPAL, GOVERNMENT V.H.S.S. & H.S.S., KADAKKAL, KADAKKAL P.O., KOLLAM-691 536. GOVERNMENT PLEADER SMT.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ----------------------------------------------- NWP(C) No. 37814 of 2009 --------------------------------------------- Dated, this the 1st day of January, 2010 J U D G M E N T The petitioner is challenging Ext.P1 order whereby the 2nd respondent has transferred the petitioner from the Government V.H.S.S. at Kadakkal in Kollam District to the Government High School, Kummil, alleging that the petitioner had beaten a student by name Ismail by cane ('chooral'), in the course of implementing discipline in connection with the youth festival held in the concerned School on 13th November, 2009. Challenging the sustainability of Ext.P1 order, the petitioner has approached the first respondent by filing Ext.P5 appeal. The prayer in the Writ Petition is to direct the 1st respondent to consider and pass Ext.P5 as expeditiously as possible, after giving an opportunity of hearing to the petitioner and to keep implementation of Ext.P1 in abeyance till such time. 2. Heard the learned Government Pleader as well. 3. Prima facie, the reason stated in Ext.P1 to sustain the transfer appears to be rather punitive; more so when no notice whatsoever was issued to the petitioner before issuing the same. True, no such course is normally necessary to transfer the petitioner or any WP(C) No. 37814 of 2009 2 other Government servant in view of the settled position that 'transfer' is an incidence of service. But when it reflects the colour and characteristics of an action pursuant to a misconduct, if it be so, the position becomes different. 4. In the instant case, the petitioner contends that he is the Convener of the Disciplinary Committee and he is holding various other offices as well, being the Convener of the Mid day meal programme, the Secretary of the School/Society, the member of the PTA Executive Committee etc. The petitioner also contends that various programmes and projects are being undertaken and implemented by him as a dutiful teacher, who is more concerned with the future and career of the students. It is stated that on 12th and 13th of November, 2009 same senior boy students of the School pursued some atrocious activities, allegedly after consuming liquor, misbehaving with the girl students and causing much hardship and agony to them; as supported by some anti-social elements. On hearing the hue and cry of the girls, the petitioner had to intervene and to apply the cane ('chooral') to threaten and disburse the lot; whereby one among the group, by name Ismail happened to sustain a minor beat. The said incident has been stated as contrary to the instructions and accordingly, it has been held in Ext.P1 that the continuation of the petitioner in the said School is very much detrimental to the School and accordingly, he has been transferred out; which in turn is subjected to challenge in this Writ Petition. 5. The sequence of events and the actual state of affairs have WP(C) No. 37814 of 2009 3 been stated as described by the petitioner in Ext.P5 appeal preferred before the first respondent. The learned counsel for the petitioner submits that the petitioner will be very much satisfied, if the first respondent is directed to consider and pass appropriate orders on Ext.P5 and to keep Ext.P1 order in abeyance till such time. 6. Taking note of the facts and figures and the fate of the students who are pursuing studies in the School, particularly in view of the fact that the SSLC examination is fast approaching, this Court finds that the matter requires to be considered by the first respondent in a wider magnitude, whether transferring out the petitioner at this stage will be in the best interest of the students at large. In the above facts and circumstances, the first respondent is directed to consider and pass appropriate orders on Ext.P5 in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. It is also made clear that till such final orders are passed on Ext.P5, Ext.P1 order shall be kept in abeyance. The Writ Petition is disposed of accordingly. P. R. RAMACHANDRA MENON JUDGE dnc