IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 33545 of 2008(R) -------------------------- PETITIONER(S): --------------- K.PADMANABHAN, PRINCIPAL, G.H.S.S. CHALISSERY, PALAKKAD DISTRICT. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BLDG, THIRUVANANTHAPURAM. SHRI.A.J.VARGHESE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C) No.33545 OF 2008 ------------------------------------- Dated this the 25th day of November 2008 J U D G M E N T The complaint of the petitioner is regarding Ext.P5, whereby his request for transfer has been rejected. The petitioner submits that since 2005, he is working as a Principal in the Higher Secondary Education. By Ext.P1, he applied for general transfer. However, he submits that since in Ext.P1 he indicated only Thaliparamba as the home station opted, he made Ext.P2 also indicating two other choices. 2. His request for transfer was considered and by Ext.P5, the same has been rejected on the ground that there is no vacancy available in the school opted in Ext.P1. However nothing is stated about the choices indicated in Ext.P2. This order is sought to be justified by the learned Government Pleader by contending that there is no suitable W.P.(C) No.33545/2008 -2- vacancy in the place opted by the petitioner in Ext.P1. 3. However, the fact remains that long before Ext.P5 order was rendered, the petitioner had also submitted Ext.P2, where he has indicated two other schools in Kannur District, where, according to him, vacancies are available. Ext.P2 has not been considered by the 2nd respondent. In view of this, I direct that the 2nd respondent shall consider Ext.P2, if the same has been received and is pending, in the light of the guidelines governing the transfer as sought for by the petitioner. Orders as directed above shall be passed as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment, along with a copy of this writ petition. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg