IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16059 of 2008(J) -------------------------- PETITIONER: ----------------------- N.BEENA, ASSISTANT TEACHER, MARUTHAYI L.P.SCHOOL, P.O.PORORA, VIA. MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, KANNUR DIST. 4. ASSISTANT EDUCATIONAL OFFICER, IRIKKUR, KANNUR DIST. 5. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THALASSERY SANDESA BHAVAN, THALASSERY, KANNUR DIST. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P(C) No.16059 OF 2008 ............................................................................ Dated this the 30th May, 2008 J U D G M E N T In the manner in which I propose to dispose of this Writ Petition, I do not think that it is necessary to issue notice to the 5th respondent. Learned Government Pleader takes notice for respondent Nos. 1 to 4. 2. The petitioner is working as Assistant Teacher in Maruthayi L.P. School. As per Ext.P1 order dated 10.12.2007, the petitioner was directed to be deployed as a protected teacher. It is stated that in G.L.P. School, Peringanam, to which school the petitioner was directed to be deployed, a P.S.C. hand was appointed and therefore, the petitioner was sent back to the parent school, viz., Maruthayi L.P. School. 3. The grievance of the petitioner is that now she is deployed to St. Sebastian L.P. School, Ratnagiri. The Corporate Manager has issued Ext.P2 order dated 31.03.2008, by which the petitioner was directed to report for duty before the Headmaster of St. Sebastian L.P. School, Ratnagiri. Against Ext.P2 proceedings, the petitioner submitted Ext.P8 representation dated 22.04.2008 before the Deputy Director of Education, Kannur, in which it is prayed that the order of deployment may be cancelled and that the petitioner may be permitted to continue in the parent school. Two grounds are raised in the Ext.P8 representation in support of the contentions raised by the petitioner. These grounds are the following: W.P(C) No.16059 OF 2008 2 “1) I am in-charge of the Scout (CUB) group of the school. The CUB group is functioning very effectively. As per G.O.(P) 403/2002/G.Edn dated 04.12.02 teachers holding charge of Scout and Guides shall be permitted to continue in the parent school under protection. Why I am denied this concession is not known to me. 2) I am residing at Alachery near Kuthuparamba. The Corporate Manger has given me posting to St. Sebastian's L.P.School, Ratnagiri, Chemperi, a far away place about 60 Kms from my native place. My aged and ailing mother, my two children and my husband who is an Ex-serviceman and whose movements are restricted due to an accident are all in my care. Therefore I am not in a position to leave my house and stay at a far away place. I am also a patient having high blood pressure and diabetic and is under treatment. “ 4. It is also submitted by the counsel for the petitioner that deployment was based on staff fixation report for the academic year 2007-08 and that it is most likely there will be adequate number of students in the academic year 2008-09, in which case, the petitioner would be entitled to go back to her parent school. These are all matters for the Deputy Director of Education to consider while disposing of Ext.P8 representation. 5. The reliefs prayed for in the Writ Petition are the following: “i) To issue a writ of certiorari quashing Ext.P2 as unjust , illegal and unsustainable. ii) to declare that the petitioner is not liable to be deployed from Maruthayi L.P.School to any other schools; W.P(C) No.16059 OF 2008 3 iii) to issue a writ of mandamus directing the respondents to permit the petitioner to continue in Maruthayi L.P. School. iv) to issue a writ of mandamus directing the respondents to refrain from deploying the petitioner from Maruthayi L.P.School to any other schools; v) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case. “ 6. Since the petitioner has taken up the matter before the Deputy Director of Education, Kannur by way of Ext. P8, prayer No.1 does not survive. . Even otherwise, since some questions of fact are involved in respect of prayer No.1, it is for the educational authorities to decide those questions. Therefore, the challenge in the Writ Petition against Ext. P2 cannot be entertained. Relief Nos. 2 to 4 also cannot be granted since the question of deployment is a matter to be considered while disposing of Ext. P8 representation. In the facts and circumstances of the case, the only remedy to which the petitioner is entitled, though she has not raised a specific relief in that regard, is a direction to dispose of Ext.P8 representation by the Deputy Director of Education, Kannur. Accordingly, the Writ Petition is disposed of directing the Deputy Director of Education, Kannur (2nd respondent) to dispose of Ext. P8 representation dated 22.04.2008 as expeditiously as possible, at any rate, within a period of two months from today, after affording an opportunity of being heard to the petitioner. The petitioner is free to raise all her contentions before the 2nd respondent-the Deputy Director of W.P(C) No.16059 OF 2008 4 Education, Kannur. A copy of this judgment shall be forwarded by the petitioner to the 5th respondent by registered post and the proof of the same shall be produced by her before the 2nd respondent. K.T. SANKARAN, JUDGE. lk