IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 34492 of 2009(F) -------------------------------------- PETITIONER(S): ---------------------- MURALI PALLATH, H.S.S.T., G.H.S.S. KUTTAMATH, CHERUVATHUR, KASARAGOD DISTRICT. BY ADV. MR.M.SASINDRAN MR.V.VENUGOPAL RESPONDENT(S): ------------------------- THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER MR.MUHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34492 OF 2009 --------------------------------------- Dated this the 21st day of December, 2009. J U D G M E N T The petitioner, who is working as H.S.S.T, is a physically handicapped person. The petitioner had been seeking for a transfer to a vacancy in a school near to his residence. Presently, the petitioner is working in Kasaragod District and he is seeking for a transfer to Kannur District. 2. Going by the scheme, the first priority goes to SC/ST candidates and the physically handicapped candidates are entitled to the 2nd category. By Exhibit P13, the representation of the petitioner for transfer was disallowed and the petitioner was directed to apply at the time of General Transfer 2009-10. The same is under challenge in this writ petition. 3. Going by the averments made in the writ petition, the claims of SC candidates have been satisfied already. The petitioner is seeking for a transfer to Government Girls' Higher Secondary School, Payyannur. Learned Government Pleader on W.P.(C) No.34492/2009 2 instructions submitted that the said vacancy is existing and the petitioner will come within the priority and therefore, his claim can be considered. 4. Exhibit P11 is the representation submitted by the petitioner which resulted in Exhibit P13 order. It is not clear when the general order will materialize. Now that there is a vacancy, the claim of the petitioner will be considered since he is a physically handicapped candidate and he alone comes within the priority category. In the light of the above legal position, Exhibit P13 will stand quashed. There will be a direction to the respondent to reconsider Exhibit P11 in the light of the facts stated above and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp