IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH OCTOBER 2007 / 19TH ASWINA 1929 WP(C).No. 28104 of 2007(U) --------------------------------------- PETITIONER: ------------------ VALSAKUMARI K., PRINCIPAL, GOVT. HSS MEDICAL COLLEGE, THIRUVANANTHAPURAM, RESIDING AT HOUSE NO.A 32, SREERANGAM LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.M.KABANI DINESH RESPONDENTS: ---------------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESEJTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. SMT.JESSY R., PRINCIPAL, GOVT. HSS MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.EASWARAN SR. GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.28104/07 APPENDIX EXT.P1: COPY OF APPLICATION FOR TRANSFER DURING GENERAL TRANSFER 2007--2008 SUBMITTED BY THE PETITIONER. EXT.P2: COPY OF THE REPRESENTATION DTD. 9.7.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE ORDER NO.AD B1 S-18/03/HSE/PT.IV DTD 13.9.07 OF THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPORT OF TRANSFER OF CHARGE DTD 14.9.2007. EXT.P5: COPY OF THE ORDER NO.AD.B1/S-18/03/HSE/PT.IV DTD 17.9.07 OF THE 1ST RESPONDENT. EXT.P6: COPY OF THE G.O.(P)NO.12/04/P&ARD DATED 10.9.2004. EXT.P7: COPY OF THE ORDER NO.AD.B1.S.18/2003/HSE PT. IV DTD 3.6.2006 OF THE 1ST RESPONDENT. EXT.P8: COPY OF THE LETTER DATED 5.9.2007 ISSUED BY THE INFORMATION OFFICER, IN THE OFFICE OF THE 1ST RESPONDENT. EXT.P9: COPY OF THE ORDER NO.AD.B1 S-18/03/HSE/PT. IV DTD. 11.6.2007 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS EXT.R3(A): COPY OF APPEAL PETITION DTD. 14.9.07 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE HONOURABLE MINISTER FOR EDUCATION OF THE 2ND RESPONDENT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.28104 OF 2007 -------------------------------------- Dated this the 11th day of October, 2007 JUDGMENT The petitioner challenges Ext.P5 order passed by the 1st respondent whereby her earlier transfer to GHSS Medical College was cancelled and she has been transferred to Government Higher Secondary School, Mithirmala. One of the contentions raised by the petitioner is that before cancelling the earlier order in her favour and passing fresh transfer orders, she was not heard. The 3rd respondent is the other teacher competing for the same station as the petitioner. She would also submit that she was in fact earlier posted to GHSS Medical College and and her transfer was cancelled by Ext.P3 without hearing her and that is why on a representation filed by her the 1st respondent has passed the impugned order. 2. In view of the fact that both the transfers were without hearing the respective claimant, I am of opinion that this matter should be decided by the 2nd respondent after affording an opportunity of being heard to the petitioner as well as the 3rd W.P.(c)No.28104/07 2 respondent. This shall be done within a period of three weeks from the date of receipt of a copy of this judgment. Till final orders are passed by the 2nd respondent, status quo as on today shall be maintained. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.28104/07 3