IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 1ST JULY 2011 / 10TH ASHADHA 1933 WP(C).No. 14838 of 2011(D) -------------------------------- PETITIONER: -------------- PHILIP.A.P,ASSOCIATE PROFESSOR(COMMERCE) PAVANATMA COLLEGE,MURICKASSERY,IDUKKI DISTRICT. BY ADVS. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENTS: ------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,ERNAKULAM – 682021. 3. THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM,BISHOP'S HOUSE, KOTHAMANGALAM.P.O,ERNAKULAM DISTRICT, PIN-686691. 4. THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IDUKKI,BISHOP'S HOUSE,KARIMBAM.P.O, IDUKKI DISTRICT- 686691. 5. THE PRINCIPAL,PAVANATMA COLLEGE, MURICKASSERY,IDUKKI DISTRICT - 686691. BY ADVS. SRI.V.M.KURIAN FOR R3-R5 SRI.MATHEW B. KURIAN FOR R3-R5 SRI.K.T.THOMAS FOR R3-R5 SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.14838/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 11.6.96. EXT. P2 : COPY OF RE-OPTION GIVEN BY PETITIONER DTD.24.1.11. EXT. P3 : COPY OF ORDER DTD. 25.5.11. EXT. P4 : COPY OF APPOINTMENT ORDER ISSUED BY R3 DTD. 1.4.11. EXT. P5 : COPY OF RE-OPTION OBTAINED FROM SMT.SOBA M.G. DTD. 24.1.01. EXT. P6 : COPY OF RE-OPTION OBTAINED FROM PHILIP AUGUSTINE DTD. 24.1.01. EXT. P7 : COPY OF RE-OPTION OBTAINED FROM NANCY JACOB DTD. 24.1.11. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF SENIORITY LIST OF TEACHING STAFF OF PAVANATMA COLLEGE, MURICKASSERY WHO OPTED FOR KOTHAMANGALAM. EXT. R3(b) : COPY OF GOVERNMENT ORDER DTD. 10.8.04 SANCTIONING BIFURCATION. EXT. R3(c) : COPY OF ORDER ISSUED BY DIRECTOR OF COLLEGIATE EDUCATION DTD. 1.3.05. EXT. R3(d) : COPY OF OPTION EXERCISED BY PETITIONER DTD. 25.10.03. EXT. R3(e) : COPY OF LETTER DTD. 15.6.11 SUBMITTED BY SRI.A.J.EMMANUEL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14838 OF 2011 --------------------------------------- Dated this the 1st day of July, 2011. J U D G M E N T The challenge made in this writ petition is against Ext.P3 order by which the petitioner is ordered to be transferred from Pavanatma College, Murickassery to Newman College, Thodupuzha. 2. The Management has filed a counter affidavit and the petitioner has filed a reply affidavit. The Management has also filed an additional counter affidavit justifying the action taken by them by pointing out that the transfer is only in terms of the option exercised by the petitioner. 3. The petitioner's case appears to be that he had submitted a reoption. Learned counsel for the Management submitted that the Management has not accepted reoption from any of the teachers. Learned counsel for the petitioner prayed for a permission to withdraw the writ petition to avail of appropriate remedies. W.P.(C) No.14838/2011 2 Leaving open the remedy of the petitioner to avail of appropriate remedies, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp