IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 16389 of 2010(W) PETITIONER: --------------- K.VASANTHI, JUNIOR SANSKRIT TEACHER, GOVERNMENT U.P.SCHOOL, BEMANNUR, PARUTHIPALLY.P.O., PALAKKAD DISTRICT. BY ADV. SRI.N.VIMALAN RESPONDENTS: --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 16389 OF 2010 W ------------------------------------------------------ Dated this the 30th day of August, 2010 JUDGMENT The petitioner is working as Junior Sanskrit Teacher in Government U.P.School, Bemannur, Paruthipally in Palakkad District since 12.12.1983. It is stated that she belongs to Kollam District and her family members are settled in Kollam District. The petitioner belongs to a Scheduled Caste. It is stated that after completion of five years in Palakkad District, the petitioner applied for inter district transfer to Kollam District. Ext.P1 representation dated 22.3.2010 was submitted by the petitioner to the Deputy Director of Education, Kollam through proper channel. It is stated that the petitioner had submitted Ext.P2 application for general transfer in the proper form through proper channel. 2. The relief prayed for in the Writ Petition is for the issue of a writ of mandamus commanding the second respondent to consider Ext.P1 representation dated 22.3.2010 and Ext.P2 application dated 25.2.2010. W.P.(C) NO.16389 OF 2010 :: 2 :: 3. In the Writ Petition, the petitioner stated that she got information that there are four vacancies of Junior Sanskrit Teachers in four different schools in Kollam District. 4. A statement is filed by the Deputy Director of Education, Kollam, in which, it is stated that during 2009-10, there was only one vacancy but four vacancies were reported earlier in point of time to the Public Service Commission and, therefore, no vacancy was available for inter-district transfer during 2009-10. During 2010-11, five vacancies of full time language teacher in Sanskrit are available in Kollam District, out of which, four vacancies were already reported to the Public Service Commission. The remaining vacancies are to be filled up but it could be done only after fixation of staff strength. It is also stated in the statement that inter district transfer during each year is made from among the applications received for the particular year. The application stated to be submitted by the petitioner for 2010-11 was not received in the office of the Deputy Director of Education, Kollam. It is further stated thus: W.P.(C) NO.16389 OF 2010 :: 3 :: “Moreover if any vacancies available after finalization of staff fixation during the year 2010-11, the petitioner's request can be considered based on the seniority of the applicant.” 5. The petitioner has filed a reply affidavit, in which, it is stated that she got information that there are eight vacancies of full time Junior Sanskrit Teacher available in Kollam District, the details of which are stated in paragraph 3 of the reply affidavit. It is also stated that Ext.P2 application was forwarded to the Assistant Educational Officer, Palakkad, duly signed by the Headmaster of the school. The Assistant Educational Officer forwarded the application to the Deputy Director of Education, Palakkad. However, it is seen that the Deputy Director of Education, Palakkad has not forwarded the application to the Deputy Director of Education, Kollam. 6. Learned Government Pleader submitted that Ext.P2 application was received in the office of the Director of Public Instruction on 16.3.2010. On 25.3.2010, the Director of Public Instruction sent a letter to the petitioner informing her that application for inter district transfer should be made “on line”. Learned Government Pleader also submitted that applications would be W.P.(C) NO.16389 OF 2010 :: 4 :: called for from eligible candidates for inter district transfer and at that time, the petitioner would get an opportunity to make application “on line”. It is also submitted that only applications submitted “on line” would be considered. The submission made by the learned Government Pleader is recorded. Leaving open the right of the petitioner to apply for inter district transfer in the prescribed form and in the prescribed manner at the appropriate time, the Writ Petition is closed. It is made clear that the question whether the petitioner is entitled to inter district transfer or as to how many vacancies are available or whether any vacancy is available at all, are not considered or decided in this Writ Petition. (K.T.SANKARAN) Judge ahz/