IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 24165 of 2011(U) -------------------------- PETITIONER(S): --------------- O.ANITHAKUMARI, P.D.TEACHER, SCV GOVERNMENT LOWER PRIMARY SCHOOL, ARAKULAM, IDUKKI. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. ASSISTANT EDUCATION OFFICER, OFFICE OF THE ASST. EDUCATION OFFICER, ARAKULAM, IDUKKI DISTRICT- 685591. 2. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI-685 603. 3. K.N.GIJAYAMMA, HEAD MISTRESS, SCV GOVERNMENT LOWER PRIMARY SCHOOL, ARAKULAM, IDUKKI-685 591. GOVERNMENT PLEADER SRI.V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24165/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF DUTY CERTIFICATE ISSUED BY THE CHARGE CENSUS OFFICER & TAHSILDAR, THODUPUZHA, DATED 15.03.2011. EXHIBIT P2 : TRUE COPY OF NOTICE DATED 07.06.2011 ISSUED BY THE FIRST RESPONDENT. EXHIBIT P3 : TRUE COPY OF STATEMENT DATED 13.06.2011. EXHIBIT P4 : TRUE COPY OF MEMORANDUM DATED 14.06.2011. EXHIBIT P5 : TRUE COPY OF ORDER DATED 24.08.2011 OF THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS NIL /True Copy/ P.A. to judge. dnc T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.24165 OF 2011 --------------------------------------- Dated this the 28th day of September, 2011. J U D G M E N T The petitioner has filed this writ petition aggrieved by the proceedings Ext.P5 issued by the Deputy Director of Education transferring the petitioner from the present school to Government High School, Thopramkudy. A reading of Ext.P5 shows that it is based on the recommendation by the Assistant Educational Officer. 2. While admitting the writ petition, this Court directed the petitioner to file an appeal before the Director of Public Instruction and the implementation of Ext.P5 was kept in abeyance for a period of three weeks. 3. Along with I.A.No.15531/2011, the petitioner has produced Ext.P6 appeal filed before the Director of Public Instruction. It is submitted that the same has been filed on 14.09.2011. Learned Government Pleader while opposing the continuance of the petitioner submitted that there was an enquiry W.P.(C) No.24165/2011 2 in the matter. I am not going into the merits of the matter since the appeal is pending. There will be a direction to the Director of Public Instruction to take a decision on Ext.P6 appeal, after hearing the petitioner, within a period of six weeks. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. The interim order will continue till orders are passed in the appeal. The petitioner can point out the vacancies if any in the nearby schools. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp