IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WA.No. 840 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.38277/2008 Dated 16/03/2009 .................... APPELLANT(S): PETITIONER: ------------------------- VASANTHAKUMARI.C., PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL (UNDER TRANSFER),PATHIRIPALA, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001. 4. THE PARENT TEACHERS ASSOCIATION, REPRESENTED BY ITS PRESIDENT, GOVERNMENT HIGHER SECONDARY SCHOOL, PATHIRIPALA, PALAKKAD. 5. THE PRINCIPAL IN CHARGE, GOVERNMENT GIRLS, HIGHER SECONDARY SCHOOL, NEMMARA, PALAKKAD. R1 TO 3 BY GOVT. PLEADER SHRI. BENNY GERVASIS R4 BY ADVS. M/S. K. MOHANAKANNAN & SMT. A.R. PRAVITHA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 840 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. She filed the writ petition challenging Ext.P3 order, as per which, she has been transferred from the Government Higher Secondary School, Pathiripala, Palakkad to Government Girls Higher Secondary School, Nenmara, Palakkad. It is not in dispute that Nenmara is a place nearer to her residence. But she feels aggrieved for having been transferred on the basis of the complaint of the Parent-Teacher Association (P.T.A.). She feels bitter for yet another reason, that is, an enquiry was held into the allegations raised against her by the P.T.A. behind her back and relying on that report, the transfer has been ordered. According to the appellant, the complaint of the P.T.A. cannot be a ground to W.A.No. 840 of 2009 2 transfer a teacher. But the learned Single Judge declined to interfere with the transfer and dismissed the writ petition. Hence this appeal. 2. This Court can interfere with a transfer, if only it is illegal in the sense it is contrary to any statutory provisions or vitiated by malafides. In this case, the transfer has been ordered because the appellant could not move with the P.T.A. of the School. These days co-operation between the Principal and the P.T.A. is necessary for the proper conduct of many functions and activities for the benefit of the students and the School. In this case, when a complaint was received, a preliminary enquiry was held and it was found that the appellant and the Association cannot co-operate and work together. So, she was transferred. 3. We notice that the Director of Higher Secondary Education has followed a fair procedure before transferring her. The principles of natural justice does not apply in the case of preliminary enquiry and further, the transfer order issued by the Director does not affect any of her legal rights or legally protected interest. Therefore, the contention regarding violation of natural justice has no substance. We find that W.A.No. 840 of 2009 3 no ground has been made out for this Court to interfere with the transfer under Article 226 of the Constitution of India. 4. Therefore the appeal fails and it is dismissed. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm