IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 5910 of 2010(K) ------------------------------------- PETITIONER: ------------------- SUNIMOL L.PULICKAN, W/O.P.O.VARGHESE, PUTHUSSERY HOUSE, MANJAPRA P.O., PRESENTLY WORKING AS HSA, GOVT. HIGHER SECONDARY SCHOOL, MOOKKANNOOR, ERNAKULAM DISTRICT. BY ADVS. MR.K.I.ABDUL RASHEED, MR.K.A.SHAMSUDEEN, MR.C.MOIDEEN KUTTY, SMT.V.H.JASMINE, SMT.SEEMA.E.GEORGE. RESPONDENTS: ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. THE HEADMISTRESS, GOVT. HIGHER SECONDARY SCHOOL, MOOKKANNOOR, ERNAKULAM DISTRICT. 3. K.U.GEETHA, HIGH SCHOOL ASSISTANT, GOVT. HIGHER SECONDARY SCHOOL, SOUTH VAZHAKKULAM, ERNAKULAM DISTRICT. 4. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1, R2 & R4 BY GOVERNMENT PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5910/2010-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT DTD. 31/07/2009 GIVEN BY ONE PARENT BY NAME MOHANAN. EXT.P.2: COPY OF THE COMPLAINT DT.D 09/10/2009 GIVEN BY ONE SAJEESH KUMAR K.S. EXT.P.3: COPY OF THE COMPLAINT GIVEN BY RANI BABU DTD. 09/12/2009. EXT.P.4: COPY OF THE COMPALINT GIVEN BY LAKSHMI MOHANAN DTD. NIL. EXT.P.5: COPY OF THE LETTER DTD.06/11/2009 GIVEN BY THE R.2. EXT.P.6: COPY OF THE REPLY DTD. 24/11/2009 TO THE R.2. EXT.P.7: COPY OF THE ORDER NO. A1/3554/09 DTD. 19/02/2010. EXT.P.8: COPY OF THE RECEIPT DTD. 24/02/2010 DULY SIGNED BY THE R.1. EXT.P.9: COPY OF THE ORDER IN W.P.(C).NO:5910/2010 DTD. 23/02/2010 BY THE R.2. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE CERTIFICATE ISSUED FROM THE ST. JOHN'S MEDICAL COLLEGE HOSPITAL, BANGALORE. EXT.R1.B: COPY OF THE EXTRACT OF THE PAGES FROM THE BOOK OF THE STUDENT. EXT.R1.C: COPY OF THE COMPLAINT GIVEN BY THE PARENT OF ASHIK ASHLY. EXT.R1.D: COPY OF THE COMPLAINT GIVEN BY THE PARENT TEACHERS ASSOCIATION. EXT.R1.E: COPY OF THE REPORT OF THE DEPUTY DIRCTOR OF EDUCATION. EXT.R5.A: COPY OF THE MEDICAL RECORDS OF ASHIK ASHLEY. EXT.R5.B: COPY OF THE COMPLAINT DTD 16/09/2009 FILED BY USHAKUMARI. EXT.R5.C: COPY OF THE LETTER DTD. 28/02/2010 ISSUED BY MOHANAN.P.B. EXT.R5.D: COPY OF THE STATEMENT SUBMITTED BY MASTER MIDHUN BEFORE THE DIRECTOR OF EDUCATION. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5910 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2010 J U D G M E N T The petitioner is presently working as H.S.A. (English) in the Government Higher Secondary School, Mookkanoor. She is the class teacher of Standard VIII A of the school. According to the petitioner, because of union rivalries and political influence, petitioner has been subjected to a transfer unjustly, alleging that the petitioner has misbehaved with a student of her class, who is undergoing treatment for lead poisoning, who requires very careful handling in view of the same. Petitioner submits that the petitioner has not done anything to hurt the feelings of the said student and she has only advised the student when the student transgressed the limit of discipline. Petitioner therefore seeks the following reliefs: W.P.(C)No. 5910 of 2010 -2- i issue a writ of certiorari quashing Ext.P7 proceedings issued by the 1st respondent. ii. issue a writ of mandamus directing the 1st respondent not to transfer the petitioner from Govt. H.S.S., Mookkanoor to Govt. H.S.S. Vazhakkulam on the basis of Ext.P7. 2. I had granted an interim stay of transfer which is continuing. An application for vacating the interim stay has been filed by the respondents 1, 2 & 4, stating that it is not in the interest of the school to continue the petitioner in that school and it was therefore taking a lenient view that the petitioner has been transferred to another school not far off. Various documents have also been produced in support of the respondents' contention that the petitioner was harassing the student who has sought to come on record in this writ petition by filing an application for impleading. I am not able to come to a definite conclusion as to the alleged harassment by the petitioner on the additional respondent. None of the documents produced by the respondents speaks about any specific incident of harassment, but only a statement that the petitioner is W.P.(C)No. 5910 of 2010 -3- harassing the student. Notwithstanding the same I am of opinion that it is in the best interest of all concerned including the petitioner, to see that the petitioner is transferred from that school. However that transfer need not be this year itself because for this academic year the school has already closed. The petitioner now submits that she is prepared to join another nearby school, in the peculiar circumstances of the case, without admitting that she is in any way guilty of any of the allegations against her. I am of the opinion that in the above circumstances the writ petition itself can be disposed of with appropriate directions regarding transfer of the petitioner in the general transfer for the next academic year. Therefore this writ petition is disposed of with a direction to the respondents to continue the petitioner in the present school till the next general transfer. During the next general transfer, the petitioner shall be accommodated in the nearest school, where a vacancy is available as per the transfer guidelines. If no vacancies are available in any of the nearby schools the W.P.(C)No. 5910 of 2010 -4- petitioner may be transferred to the school to which the petitioner has been transferred as per the order impugned in this case. But I make it abundantly clear that the same shall not be a reason to transfer the petitioner to that school only if any vacancy is available in any of the nearer schools. Respondents 1, 2 & 4 shall see that the petitioner is accommodated in a vacancy in the nearest school if one vacancy is available as per the transfer guidelines. I also make it clear that I have not considered the allegations and counter allegations of the parties on merits and have passed this order in the best interests of all concerned to have a peaceful atmosphere for the students to study which is the ultimate object of running the school. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/