IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 1042 of 2011(E) ----------------------------------- PETITIONER(S): PETITIONER ------------------------------------------ MOHANAN P.K., PHYSICAL EDUATION TEACHER, BEM HIGH SCHOOL KASARGOD, BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): ------------------------- 1. THE CORPORATE MANAGER, CSI SCHOOL IN MALABAR AND WYANAD, KOZHIKODE- 673 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM695 001. 3. DISTRICT EDUCATION OFFICER, KOZHIKODE673 001. 4. DISTRICT COLLECTOR, KOZHIKODE 673020. 5. SMT.SOBHANA BAI, PHYSICAL EDUCATION TEACHER, BEM GIRLS HIGH SCHOOL, KOZHIKODE 673 001. 6. SMT.JOLLY C.C., PHYISICAL EDUCATION TEACHER, MALABAR CHRISTIAN SCHOOL, KOZHIKODE 673 001. 7. SMT.BINDU P.M., PHYSICAL EDUCATION TEACHER, BEM GIRLS HIGH SCHOOL, KOZHIKODE 673 001. R1 BY ADV. SRI.V.A.MUHAMMED, SRI.M.SAJJAD. R2 TO R4 BY GOVT. PLEADER SMT.RANI DIOTHIMA R5 & R7 BY ADV. SRI.K.A.MANZOOR ALI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1042/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.CM/DS/10-11/PT/65 DTD. 4.10.2010 OF THE FIRST RESPONDENT. P2:- COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 5.10.2010. P3:- COPY OF THE JUDGMENT DTD. 12.10.2010 IN WPC. 31197/2010. P4:- COPY OF THE ADDITIONAL REPRESENTATION FILED BY PETITIOENR BEFORE THE 2ND RESPONDENT DTD. 19.10.2010. P5:- COPY OF THE ORDER NO.EM4/71711/2010 /DPI/K.DIS DTD. 28.12.2010 OF THE 2ND RESPONDENT. P6:- COPY OF THE PROFORMA IN ACCORDANCE TO GOP 121/2010/HOME DTD. 29.5.2010. P7:- COPY OF THE ORDER NO.68/CAMP/10CC DTD. 10.2010 OF THE STATE NODAL OFFICER OF THE STUDENT POLICE CADET. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JDUGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.1042 Of 2011-E ----------------------------------------------------- DATED THIS THE 3rd DAY OF JUNE, 2011 J U D G M E N T In this Writ Petition, the petitioner is aggrieved by the rejection of his request for a transfer to Kozhikode District, in which the Director of Public Instruction has informed further that he will be given a posting in the next arising vacancy. 2. Heard the learned counsel for the petitioner, the learned counsel for the Manager and the learned counsel appearing for respondents 5 to 7. 3. The petitioner, at the time of filing the Writ Petition was working on transfer as Physical Education Teacher in BEM High School, Kasaragod. According to the petitioner, he is senior to respondents 5 to 7. Exhibit P1 order of transfer was challenged by him. 4. The learned counsel for the Manager submitted that for the present year, the petitioner has been transferred to a school in Thalassery Educational District, namely, BEMV High School, Thalassery. The learned counsel for the petitioner W.P.(C)No. 1042/11 -2- submitted that the petitioner may be allowed to join the said school with liberty to challenge the order of transfer before the Director of Public Instruction. 5. In that view of the matter, the Writ Petition is disposed of permitting the petitioner to join the BEMV School at Thalassery and the petitioner will be free to challenge the order of transfer as regards the non-consideration of his claim for a a posting in Kozhikode District. All the legal contentions raised in the Writ Petition by the parties are left open. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge