IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 15897 of 2008 Between: Smt.P.Sharadha W/o.P.Prabhakar Reddy O/o.DVEO,Ananthapur,Ananthapur District ..... PETITIONER AND 1 The Govt of AP., rep.by its Principal Secretary Higher Education Department, Secretariat, AP Hyderabad 2 The Commissioner of Intermediate Education AP.,Hyderabad 3 The REgional Joint Director of Intermediate Education Kadapa, Kadapa District 4 The District Vocational Educational Officer, Anantapur, Anantapur District 5 Sri.K.Narasimha Murthy S/o.Not known O/o.DVEO, Ananthapur,Ananthapur District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ of Certiorari calling for records relating to the order dated 3.7.2008 in OA.NO.4391 OF 2008 AND QUASH the same and further declare that the proceedings of the 3rd respondent in Rc.No.2058/A1- 2/2008 on 14.6.2008 are illegal, and arbitrary, and violative of Article 14&16 of the Constitution of India and pass Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.15897 of 2008 O R D E R: (per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled seeking a writ of certioriri calling for records relating to the order dated 03.7.2008 in O.A.No.4391 of 2008 and to quash the same and further declare that the proceedings of the 3rd respondent in Rc.No.2058/A1-2/2008, dated 14.6.2008 are illegal and arbitrary. The petitioner has challenged the order dated 14.6.2008 before the Tribunal by virtue of which she has been transferred from Ananthapur to Government Junior College, Guntakal. The Tribunal while admitting the O.A. ordered notice to the respondents returnable in four weeks so as to enable the respondents to ﬁle counter and decide the matter on merits. The tribunal on consideration of the material placed before it found no reasons to grant the interim relief. The learned counsel for the petitioner contended that in the counselling held on 6.6.2008 no proceedings were issued for her transfer and she was retained at Anantapur itself and accordingly, she was continuing at Anantapur. The DEVO and other associations have recommended her retention at Anantapur. However, at the instance of the 5th respondent she has been transferred to Guntakal, who exerted political inﬂuence. Learned counsel further contended that since the counseling Committee has directed for her retention at Anantapur and the 5th respondent has been transferred on the administrative grounds, the competent authority for aﬀecting the transfer is the Director and the Regional Joint Director has no power to issue the transfer order. We have perused the entire record. We do not wish to express any opinion, since there is no ﬁnal conclusion or determination made by the Tribunal on merits of the case. The impugned order of the transfer has been passed on 14.6.2008. Therefore the same cannot be said to have been issued in the middle of the academic year. No ground has been made out to stay the order of transfer. The Tribunal on a consideration of the material on record declined to grant the interim relief. Unless the O.A. is finally disposed of, no relief can be granted at this stage. The writ petition is accordingly, dismissed. ___________________ GHULAM MOHAMMED,J _______________ C.V.RAMULU,J 13th August, 2008. PNV ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.15897 of 2008 13th August, 2008