IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24822 of 2010(C) -------------------------- PETITIONER(S): --------------- BALACHANDRAN MADATHIL, AGED 49 YEARS, S/O. K.M.KUNHAN GURUKKAL, RESIDING AT MADATHIL HOUSE, P.O.KACHERI-673502, VADAKARA, KOZHIKODE DISTRIT, NOW WORKING AS HEADMASTER, GOVT. HSS, CHATHAMATTOM, ERNAKULAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRTARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM. 3. MEENAKSHI P., PHEADMISTRESS G.H.S.S. ADUKKOM, KOTTAYAM, ADUKKOM P.O. -686580 4. RAGEEVAN, HEADMASTER G.H.S.S. PANAMATTAM PANAMATTAM P.O.,KOTTAYAM-686522. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.24822 OF 2010(C) -------------------------------------------------- Dated this the 6th day of August, 2010 J U D G M E N T Challenge in this Writ Petition is against Ext.P3 Government Order to the extent respondents 3 and 4 are transferred from the schools in Kottayam District to the Schools at Uduma and Kalliot in Kasaragod District. 2. According to the petitioner he is senior to respondents 3 and 5 and had submitted Ext.P2 application seeking transfer to the schools mentioned therein including the schools to which respondents 3 and 4 are now posted. It is stated that his seniority has been overlooked while issuing the impugned order. That apart relying on Exts.P4 to P7, petitioner contends that he having contracted an inter caste marriage as certified by Ext.P8, is entitled to have preference in the matter of posting. It is stated that it was overlooking of the above claim also, aforesaid postings have been ordered. 3. It is seen that, the representation made by the petitioner in this behalf is Ext.P2 and the said representation, prima facie is pending consideration of the 2nd respondent. Therefore, I direct WPC.No.24822 /2010 :2 : the 2nd respondent to consider the claim of the petitioner urged in Ext.P2, provided the representation is pending, in the light of the seniority position, Exts.P4 to Exts.P8 and rules governing transfer and postings. It is made clear that in the process of considering the representation, if any one is likely to be affected, notice shall be issued to such persons also. This shall be completed as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/