IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11751 of 2009(L) ------------------------------------ PETITIONER(S): --------------------- P.THANOOJA, W/O.RAJEEV.C.P., AGED 37 YEARS, HSA ENGLISH, GOVERNMENT HIGHER SECONDARY SCHOOL, MEENANGADI, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.P.K.RAMKUMAR SMT.ANITHA MENON RESPONDENT(S): ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD, P.O.KALPETTA, WAYANAD DISTRICT. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, MEENANGADI, SULTHAN BATHERY. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. SR. GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 11751 of 2009-L ------------------------------ Dated this the 7th day of April, 2009. J U D G M E N T Heard Sri.P.K.Ramkumar, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader for the respondents. 2. The petitioner is presently working as HSA (English) in Government Higher Secondary School, Meenangadi, Wynad District. She has submitted Ext.P1 application dated 9.2.2009 before the Deputy Director of Education, Wynad through the Headmaster of the school seeking inter district transfer to Kozhikode district. The petitioner submits that the original of Ext.P1 was forwarded by the Deputy Director of Education, Wynad to the Director of Public Instruction and that the Director of Public Instruction is yet to forward it to the Deputy Director of Education, Kozhikode, the authority competent to order inter district transfer to Kozhikode district. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the respondents to grant the request made in Ext.P1. In the alternative the petitioner seeks a direction to the Director of Public Instruction to consider Ext.P1 application for W.P(C) No. 11751 of 2009-L 2 inter district transfer and pass orders thereon. 3. The learned Government Pleader appearing for the respondents submits that the Deputy Director of Education, Kozhikode is the competent authority to pass orders on Ext.P1. In that view of the matter I dispose of the writ petition with the following directions: The Director of Public Instruction shall if the original of Ext.P1 have been received by him from the Deputy Director of Education, Wynad, forward the same to the Deputy Director of Kozhikode. This shall be done within one month from today. The Deputy Director of Education, Kozhikode, shall within one month thereafter consider the said application and take a decision thereon, in accordance with the Government orders and rules governing the field. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab