IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38257 of 2010(F) -------------------------- PETITIONER(S): --------------- RUGMINI M, W/O NARAYANAN, H.M.PRINCIPAL G.F.V.H.S.S. KAIPAMANGALAM, THRISSUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001 2. THE DEPUTY DIRECTOR OF EDUCATION THRISSUR-680 001. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001 BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.38257 OF 2010 ------------------------------ Dated this the 22 nd 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