IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30746 of 2011(P) -------------------------------------- PETITIONER(S) : ---------------------- SAJI.B., HIGH SCHOOL ASSISTANT (HINDI), GOVERNMENT HIGH SCHOOL, THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI. D.KISHORE SMT.MINI GOPINATH RESPONDENT(S) : ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN. 695 001. 2. THE DIRECTOR OF PUBLIC INSTITUTIONS, THIRUVANANTHAPURAM- 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM- 695 001. 4. SUSHMA PURUSHOTHAMAN, HIGH SCHOOL ASSISTANT (HINDI), GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, CHALAI, THIRUVANANTHAPURAM- 695 001. 5. REZIAYA BEEVI.F., HIGH SCHOOL ASSISTANT (HINDI), REGIONAL FISHERIES TECHNICAL VOCATIONAL- HIGHER SECONDARY SCHOOL (RFTVHSS), VALIATHURA, THIRUVANANTHAPURAM- 695 001. R1 TO R3 BY GOVT. PLEADER SRI. M.A. FAYAZ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.C. NO. 30746/2011 APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 : COPY OF THE APPLICATION FOR TRANSFER SUBMITTED BY THE PETITIONER THROUGH ONLINE DATED 28.2.2011. EXHIBIT P2 : COPY OF THE RELEVANT EXTRACT OF PROVISIONAL LIST OF HIGH SCHOOL ASSISTANT (HINDI) (2011-12) THIRUVANANTHAPURAM DISTRICT. EXHIBIT P3 : COPY OF APPLICATION FOR TRANSFER SUBMITTED BY 5TH RESPONDENT. EXHIBIT P4 : COPY OF THE APPLICATION LIST FOR CHALAI GIRLS HIGHER SECONDARY SCHOOL PUBLISHED IN THE WEBSITE. EXHIBIT P5 : COPY OF THE REPRESENTATION DATED 20.6.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P6 : COPY OF THE ORDER NO.A3/8738/11 DATED 25.7.2011 OF THE 3RD RESPONDENT. EXHIBIT P7 : COPY OF THE CIRCULAR NO.B1/8224/2011/DPI DATED 16.2.2011. EXHIBIT P8 : COPY OF THE ORDER NO.A3/20012/10 DATED 9.6.2011 OF THE 3RD RESPONDENT. EXHIBIT P9 : COPY OF THE REPRESENTATION DATED 2.8.2011 SUBMITTED BY THE 5THR RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P10 : COPY OF THE REPRESENTATION DATED 12.11.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.30746 of 2011-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2011. JUDGMENT The petitioner is seeking for a direction to the second respondent Director of Public Instruction to take a decision on Ext.P10 representation. This is a case where the petitioner is now working as H.S.A. (Hindi) in Government High School, Thirupuram, Thiruvananthapuram District. During the general transfer for the year 2011-2012 he submitted an application for transfer, on 28.2.2011. His first choice is at Valiathura and the sixth choice is at Chalai. Ext.P2 is the provisional list published by the third respondent, wherein the petitioner is stated to be serial No.20, the fourth respondent is serial No.39 and the fifth respondent is serial No.6. The petitioner could not get a transfer of his choice and recently due to promotion of an incumbent, a vacancy arose in Government Girls Higher Secondary School, Chalai. According to the petitioner, the fifth respondent opted Chalai as her first choice and since she is serial No.1 in the application list for Chalai school, viz. Ext.P4, she could have been given a posting to Chalai and in the resultant vacancy, the petitioner could have been posted at Valiathura. Seeking for such a relief, the petitioner has filed wpc 30746/2011 2 Ext.P10. It is alleged that although the fourth respondent is serial No.18 in Ext.P4 list, she is transferred to Government Girls Higher Secondary School, Chalai, as per Ext.P6 order. 2. It is submitted by the learned counsel for the petitioner that in the light of the illegality in the order, both the petitioner as well as the fifth respondent are not getting due transfer in terms of their choice. This is a matter for the Director of Public Instruction to consider, while hearing Ext.P10 representation. 3. Heard learned Government Pleader appearing for respondents 1 to 3. 4. There will be a direction to the second respondent to take a decision on Ext.P10 after hearing the petitioner and respondents 4 and 5, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the second respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/