IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 15877 of 2011(H) -------------------------- PETITIONER(S): ---------------------- K.C.SUKUMARAN, S/O.K.CHANTHU, AGED 44 YEARS, HEAD MASTER, GOVERNMENT U.P.SCHOOL, PULIYARMALA, WAYANAD DISTRICT, RESIDING AT KOOLACHALIL HOUSE, MEENANGADI P.O., WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): ------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, WAYANAD. PIN 673121 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM.-1 3. ASSISTANT EDUCATION OFFICER, VYTHIRI.PIN 673576 4. VENU MULLOT, HEAD MASTER, GOVERNMENT L.P.S., KUNJOM, WAYANAD DISTRICT.-673121 GP SMT. NISHA BOSE FOR R1 - R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.15877 OF 2011 APPENDIX: PETITIONER'S EXHIBIT: EXHIBIT P1: TRUE COPY OF THE RELIEVING ORDER DATED 11.3.2011 ISSUED BY HEADMASTER, GOVERNMENT U.P.SCHOOL, PULIYARMALA. EXHIBIT P2: TRUE COPY OF THE APPLICATION FOR LEAVE DATED 10.3.2011. EXHIBIT P3: TRUE COPY OF THE SHOW CAUSE NOTICE DATED 14.3.2011. EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 6.62011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P5: TRUE COPY OF THE ORDER DATED 4.6.2011 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6: TRUE COPY OF THE ORDER DATED 4.6.2011 ISSUED BY THE 1ST RESPODENT. EXHIBIT P7: TRUE COPY OF THE REPRESENTATION DATED 8.6.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P8: TRUE COPY OF THE REPORT DATED 16.4.2011 ISSUED BY 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. kp T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15877 Of 2011 ----------------------------------------------------- DATED THIS THE 14th DAY OF JUNE, 2011 J U D G M E N T The petitioner is aggrieved by the orders of transfer Exhibits P5 and P6. 2. The petitioner has been working as Headmaster of the Government U.P.School, Puliyarmala. The petitioner is now transferred to Government U.P.School, Karachal and the 4th respondent is transferred to the school wherein the petitioner was functioning as the Headmaster. 3. It is the case of the petitioner that the transfer is ordered on certain extraneous reasons. The petitioner has detailed, in paragraph No.2, the action taken by him in respect of one teacher Smt.Shinceydas K., an LPSA. It is pointed out that the enquiry conducted by the Assistant Educational Officer clearly exonerates the petitioner and that a recommendation was made to take appropriate action against the said teacher and the copy of the communication from the Assistant Educational Officer to the Deputy Director of Education is produced as Exhibit P8. It is W.P.(C)No.15877/11 -2- alleged that the present transfer is ordered ignoring the same at the influence of the said teacher. 4. The petitioner has already filed an appeal before the Director of Public Instruction as per Exhibit P7 wherein a request was made to grant an interim order also. It appears that the 4th respondent has already joined in the place of the petitioner. 5. In that view of the matter, there will be a direction to the 2nd respondent to take a decision on Exhibit P7 after hearing the petitioner and the 4th respondent within six weeks from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a certified copy of the judgment to the 2nd respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn