IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 34644 of 2010(E) -------------------------- PETITIONER(S): ---------------------- SALIM T.H. AGED 50 YEARS, NOW WORKING AS THE HEAD MASTER, GOVT.U.P.S. NEDUMATTOM, THODUPUZHA, IDUKKI. BY ADVS. SRI.C.S.MANILAL SRI.K.VIDYASAGAR SRI.S.NIDHEESH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE, TRIVANDRUM - 695001 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA - 685584 4. V.P. PURUSHOTHAMAN, HEAD MASTER, GOVT.L.P.SCHOOL, KALLAR P.O., IDUKKI DISTRICT, PIN - 685552. BY ADVS. SRI.T.A.UNNIKRISHNAN FOR R4 SRI.K.S.PRAVEEN FOR R4 GOVT. PLEADER SMT. RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34644 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPLICATION FOR TRANSFER OF TEACHERS 2010-11 SUBMITTED BY THE PETITIONER IN THE PRESCRIBED PERFORMA. EXT.P2 : COPY OF THE ORDER No.A1/7209/10 DATED 28.5.2010 ISSUED BY D.P.I., IDUKKI DISTRICT. EXT.P3 : COPY OF THE RELIEVING ORDER NO. 1.6.2010 ISSUED BY TECHNICAL HIGH SCHOOL, PARAPUZHA. EXT.P4 : COPY OF THE HEARING NOTICE ISSUED BY THE 1ST RESPONDENT DATED 6.8.2010. EXT.P5 : COPY OF THE WRITTEN SUBMISSION BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6 : COPY OF THE INTER OFFICE COMMUNICATION DATED 30.8.2010. EXT.P7 : COPY OF THE REPRESENTATION DATED 7.10.2010 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA. EXT.P8 : COPY OF THE GOVERNMENT ORDER DATED 30.10.2010. EXT.P9 : COPY OF THE RELEVANT PORTION OF THE 5TH PAY COMMISSION ORDER No.G.O(P) 480/89 Fin. DT. 1.11.89. EXT.P10 : COPY OF THE RELEVANT EXTRACT 2004 PAY REVISION ORDER No.G.O. (P) 145/06 Fin DT. 25.3.2006. EXT.P11 : COPY OF THE TRANSFER ORDER DATED 20.11.2010. RESPONDENTS' EXHIBITS: EXT.R1(a) : CIRCULAR No.B(1)/10488/10/DPI DATED 17.2.2010. EXT.R4(a) : COPY OF THE CIRCULAR B(1)/10488/2010/DPI ISSUED BY THE 2ND RESPONDENT. EXT.R4(b) : COPY OF THE APPLICATION SUBMITTED THROUGH ONLINE. TRUE COPY P.S. TO JUDGE. KP T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.34644 of 2010-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of July, 2011. JUDGMENT The competent claimants for a posting by way of transfer as Headmaster in Govt. U.P. School, Nedumattom, are before this Court. The petitioner who is the present occupant of the post, is sought to be replaced by the fourth respondent who is the Headmaster of Govt. L.P. School, Kallar. The Government finally found in Ext.P8 order that the fourth respondent was the rightful claimant, going by the option given by him under the procedure prescribed by the Department. 2. The petitioner's case shortly, is the following: He was working as H.S.A. (Science & Maths) at Technical High School, Parapuzha. He submitted application for transfer as per Ext.P1, when the department invited applications for transfer and posting to various districts. The only place shown by him is Govt. U.P. School, Nedumattom. By Ext.P2 order, the Deputy Director of Education allowed his application and posted him as Headmaster in the said school in an existing vacancy. The posting was given in the promotion vacancy of Shri T.A. Joseph, who was posted as Principal of Govt. Vocational Higher Secondary School, Thodupuzha. wpc 34644/2010 2 3. The fourth respondent raised a challenge against the said order before the Government mainly on the plea that the petitioner was not an applicant under the on-line application facility and the Deputy Director of Education has really disregarded the option submitted by the fourth respondent who is already working as a Headmaster. 4. Heard learned counsel for the petitioner, learned counsel for the fourth respondent and learned Govt. Pleader, who produced before me the relevant files with respect to the applications submitted by the parties. 5. As already noticed, Ext.P1 is the copy of application submitted by the petitioner dated 25.2.2010. The application submitted by the fourth respondent is dated 5.3.2010. Therein, the first option is Nadumattom U.P.S., Thodupuzha. 6. The petitioner's arguments are two fold. Firstly, it is contended that there was no facility for submitting on-line application in a matter like this, where he wanted appointment as a Graduate Headmaster in the existing vacancy at Thodupuzha. It is his further case that his application was allowed by the Deputy Director of Education as six schools in the District have been earmarked for appointment of Graduate Headmaster and this is one of such schools. The Government, in Ext.P8 order, found that there is no such earmarking of schools for appointment of Graduate wpc 34644/2010 3 Headmasters. The Government also found that to avoid any favouritism and irregularities in the matter of transfer, the Director of Public Instruction has prescribed a procedure by way of Circular dated 17.2.2010, wherein it was provided that applications should be submitted through on-line and that any application submitted otherwise, will not be considered. This is evident from para 7 of Ext.P8. 7. Learned counsel appearing for the fourth respondent submitted that as on the date on which Ext.P2 order was passed, the application submitted by the fourth respondent through on-line, was there and therefore ignoring his claim, the petitioner was granted accommodation in the said school. It is further pointed out that in the light of the circular issued by the Director of Public Instruction, the application of the petitioner could not have been accepted at all, as it was not submitted through on-line. 8. Even though the petitioner has got a case that the school in question, viz. Nedumattom U.P. School is one among six schools earmarked for appointment of Graduate Headmaster, evidently there are no circulars or any other authentic materials in support of the said claim. The Government also found in Ext.P8 order that there is no such earmarking of schools for appointment of Graduate Headmaster. Therefore, the plea raised by the petitioner on the said issue, falls to the ground. wpc 34644/2010 4 9. The next aspect is non submission of on-line application by the petitioner. What is projected as a reason for the same, is that on enquiry about it, he came to know that there is absence of facility in the software. But strangely, he did not attempt to submit an application through on-line and there is no material to show that also. 10. When there is a uniform circular issued by the Director of Public Instruction prescribing a particular method for accepting the application for transfer, that also through on-line with a further prescription that applications submitted otherwise, will not be entertained, the Deputy Director of Education could not have been acted upon the application submitted by the petitioner, directly by other means. 11. Evidently, the system was envisaged for the elimination of any favouritism or other extraneous consideration for giving a transfer. In that view of the matter, I do not find any reason to interfere with Ext.P8 order. The same is a reasoned one. The Government has considered all the aspects in detail in Ext.P8 and found that the order passed by the Deputy Director of Education cannot be supported. Ext.R4(a) is the circular issued by the Director of Public Instruction, wherein the procedure for submission of application through on-line, is prescribed. A reading of the same also will show that during the general transfer such an application is required and any wpc 34644/2010 5 application submitted otherwise than by on-line facility, will not be entertained. 12. For all these reasons, the petitioner cannot succeed in this writ petition and therefore it is dismissed. Evidently, the petitioner is continuing in Nedumattom U.P. School pursuant to Ext.P2 order and on the strength of the interim order passed by this Court. Now he will have to be relieved for the fourth respondent to join there. The petitioner will submit appropriate application before the Deputy Director of Education concerned for a reposting. He is free to point out vacancies, if any, available in the nearby schools, as it is pointed out that his wife is working in a nearby school. If the petitioner submits such an application before the Deputy Director of Education, the same will be considered and the petitioner will be given a suitable posting without further delay, at any rate, within three weeks from the date of receipt of the application. In the meanwhile, the third respondent will permit the fourth respondent to join at Nedumattom Govt. U.P. School, Thodupuzha as Headmaster. No costs. (T.R. Ramachandran Nair, Judge.) kav/