IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 20995 of 2011(Y) -------------------------------- PETITIONER: -------------- V.P.GOPI, S/O.GOVINDAN NAIR, AGED 52 YEARS,VADAKKEPARAMBIL HOUSE, THAMARASSERY P.O.,KOZHIKODE DISTRICT. BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH RESPONDENTS: ------------------ 1. ASSISTANT EDUCATIONAL OFFICER, KODUVALLY-673572. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001. 3. MOHAMMED M, GHSS PANNUR,KOZHIKODE,PIN-673572. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.20995/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER ISSUED BY Director of Public Instruction DTD. 27.7.11. EXT. P2 : COPY OF REQUEST MADE BY PRESIDENT, PARENT TEACHERS ASSOCIATION TO Director of Public Instruction DTD. 31.7.11. EXT. P3 : COPY OF GOVT. ORDER No.G.O.(Rt) No.2672/87/G.EDN DTD. 10.9.87. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20995 OF 2011 --------------------------------------- Dated this the 9th day of August, 2011. J U D G M E N T The petitioner is aggrieved by the order of transfer Ext.P1 by which he has been transferred and posted as Headmaster of the Government Higher Secondary School, Pannur and the 3rd respondent is posted in his place. 2. It is the case of the petitioner that while he was working as Principal in the Government Vocational Higher Secondary School, Thirumarady in Ernakulam District, he was transferred and posted as Assistant Educational Officer, Vadakara on 19.01.2011. It is stated that subsequently he had submitted an option for transfer to certain choice stations like Thamarassery and Koduvally and he was posted as Assistant Educational Officer, Koduvally on 19.05.2011, and he has been continuing in that post. 3. Ext.P1 order shows that the petitioner has been transferred in the light of 'adjustment transfer of AEO's/HMs'. W.P.(C) No.20995/2011 2 According to the petitioner, he has not requested for any transfer from Koduvally and the 3rd respondent has also not requested for a transfer. Ext.P2 is said to be a representation submitted by the President of the Parent Teachers Association of the school in which the 3rd respondent is working, requesting to retain the 3rd respondent in the school. 4. On 02.08.2011, the learned Government Pleader was asked to get instructions in the matter and there was also a direction not to relieve the petitioner in the meanwhile. Learned Government Pleader on getting instructions submitted that the transfer of the petitioner as Headmaster is to a most convenient school as the school is situated only 6KMs away from the Assistant Educational Officer's office, Koduvally. It is also submitted that the transfer order is issued in the light of rearrangements made for filling up of various vacancies. 5. Learned counsel for the petitioner relied upon the relevant guidelines of transfer which have been produced as Ext.P3. It is submitted that general transfer can only be once in a year and that the guidelines provide for any deviation only in W.P.(C) No.20995/2011 3 cases coming under administrative and public interest which include unsuitability to hold a particular post owing to allegations, disciplinary action, incompetency and consistent poor performance, as per clause 5 of Ext.P3 norms. It is therefore submitted that as there are no circumstances like the one detailed therein, the transfer of the petitioner cannot be said to be legal. It is further pointed out that there is no administrative exigencies as far as transfer is concerned. 6. Evidently, the transfer order is issued in respect of 66 persons. It is not as if the petitioner alone is meted out with an order of transfer. Usually, vacancies will arise on the closing of the academic year on 31st March due to retirements. This requires adjustments after reopening of the schools. Presently, there is unification of the retirement age. Since it is pointed out by the learned Government Pleader that the order of transfer will not inconvenience the petitioner at all and as it is evident from Ext.P1 itself that there is administrative exigency for rearrangement of various personnel in respect of various vacancies, it cannot be said that the order is illegal. W.P.(C) No.20995/2011 4 7. Even though the learned counsel for the petitioner submitted that many of the transfers made in Ext.P1 are based on requests and there was no request either by the petitioner or the 3rd respondent, it cannot be said that the transfers normally should be made only by request of the persons concerned. Therefore, I do not find any reason to interfere with the order of transfer. The writ petition is dismissed. It is made clear that the dismissal of the writ petition will not stand in the way of the petitioner filing the appeal before the concerned authorities. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp