IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21811 of 2008(V) PETITIONER: V.S. YACOBKUTTY, VALLIKUNNEL, ANGADIPURAM, MALAPPURAM-679321. PRINCIPAL/HEADMASTER OF G.G.V.H.S.SCHOOL, VENGARA, MALAPPURAM. BY ADV. SRI.V.B.PREMACHANDRAN SRI.K.N.GOVINDANKUTTY MENON SRI.S.MADHAVAN NAIR RESPONDENTS: 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 21811 OF 2008 V -------------------------------------------- Dated this the 21st July, 2008 JUDGMENT Petitioner is working as the Principal of G.G.V.H.S.School, Vengara, Malappuram District. It is stated that he married one Valzala belonging to Hindu Kanakkan community. The inter-caste marriage certificate relied on by the petitioner is Ext.P1. Relying on Ext.P2 Government Order, namely, G.O.(P) No.06/07/P&ARD dated 4th December 2007, the petitioner applied for transfer to any one of the three posts, namely, (1) AEO, Mankada, (2) AEO, Nilambur and (3) Headmaster, Government Higher Secondary School, Perintalmanna. The application submitted by the petitioner is Ext.P3. It is stated that the application was registered on line. The petitioner sought for certain information under the Right to Information Act and he received Ext.P4 reply, wherein certain facts are made clear. On 8.5.2008, the petitioner submitted Ext.P5 representation praying for the benefit available as per Ext.P2 Government Order to persons who had inter-caste marriage in the matter of posting. Ext.P5 is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “i) Issue a writ of mandamus, order or direction compelling the Respondents to transfer the petitioner to one of the posts applied for or any other post in the same station as ordered in Ext.P2. ii) The costs in this proceedings. iii) Any other relief which this Hon'ble Court deem fit and proper in the circumstances of the case.” W.P.(C) NO.21811 OF 2008 :: 2 :: 3. Learned counsel for the petitioner submits that, for the present, the petitioner would be satisfied if a direction is issued to the Director of Public Instructions to dispose of Ext.P5 representation dated 8.5.2008, within a time frame, in the light of Ext.P2 Government Order. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The second respondent, Director of Public Instructions, shall dispose of Ext.P5 representation dated 8.5.2008, submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of two months, after affording an opportunity of being heard to the petitioner. b) Petitioner would be entitled to produce such other materials and documents before the second respondent. c) The second respondent shall take into account the binding Government Orders and precedents while disposing of Ext.P5 representation. d) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the second respondent. (K.T.SANKARAN) Judge ahz/