IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 WP(C).No. 8253 of 2011(F) ------------------------- PETITIONER: --------------- SUNITHA.C.D., H.S.S.T COMPUTER SCIENCE GOVT.HSS, THRIUVALI, MALAPPURAM, RESIDING AT 64A, VRINDAHAVAN, BHAGAVATHI NAGAR, TRIVANDRUM. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- 1. SECRETARY OF GOVERNMENT, DIRECTORATE OF HIGHER SECONDARY EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033. 2. THE DIRECTOR, DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM-695 001. 3. SHAHINA, H.S.S.T COMPUTER SCIENCE HIGHER SECONDARY SCHOOL, KAPPIL, TRIVANDRUM-695 311. BY GOVT.PLEADER SMT.NISHA BOSE FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.8253 Of 2011-F ----------------------------------------------------- DATED THIS THE 16th DAY OF MARCH, 2011 J U D G M E N T The complaint raised by the petitioner is that while considering the application for general transfer, the objection raised by the petitioner against the provisional list was not properly considered. 2. It is the case of the petitioner that she had joined the Government Higher Secondary School, Thiruvally, Malappuram District after selection through the Public Service Commission. She is a permanent resident in Thiruvananthapuram. Exhibit P1 is the application submitted by the petitioner through online and it was numbered as 8076. It is the case of the petitioner in paragraph No.3 of the Writ Petition that in column No.10 of the application, she stated that she availed medical leave for 45 days and the same was stated as a leave without pay. It is the further case of the petitioner that it was due to ignorance of fact that she happened to mention the same as a leave without pay. It is the further plea raised by the petitioner that the period of leave W.P.(C)No.8253/11 -2- availed of by her will not affect her seniority. 3. The provisional list was published on 14.1.2011. It is pointed out that in the provisional list, her rank number is shown as 38 and 1770 and that of one Shahina, who is junior to the petitioner, is shown as 1443. Even though the petitioner raised objection to the same, according to her, that was not rectified and the final list was published thereafter. 4. For a reconsideration of the claim of the petitioner and for rectifying the alleged mistake, the petitioner has filed Exhibit P4 representation before the 2nd respondent-Director of Higher Secondary Education. 5. There will be a direction to the 2nd respondent to take a decision on Exhibit P4, if the same has been received and is pending, within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment before the 2nd respondent for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge