IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27420 of 2011(B) ---------------------------------------- PETITIONER(S): --------------- AMBUJAKSHAN.K, 51 YEARS, S/O KUNJHAN, HEADMASTER, GOVT. U.P.SCHOOL, THATHAMANGALAM, PALAKKAD, RESIDING AT AMMINI BHAVANAM, PULLIKKAD, THENARI,PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY,GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR. 5. SMT. BINDU, TEACHER, GOVT. U.P. SCHOOL, THATHAMANGALAM, PALAKKAD. R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27420/2011 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER OF R-3 NO.A2/2412/11 DTD. 25.07.2011 EXT.P2 TRUE COPY OF JUDGMENT IN WPC 218008/11 DTD.3.8.2011. EXT.P3 TRUE COPY OF THE INTERIM STAY GRANTED BY R-2 NO. A2/51668/2011/DPI DATED 9.08.2011. EXT.P4 TRUE COPY OF REPRESENTATION TO R2 SUBMITTED BY THE PETITIONER ON 10/10/2011. EXT.P5 TRUE COPY OF COMMUNICATION OF R3 NO.A3/19140/2011 DTD. 15.10.2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27420 of 2011-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of October, 2011. JUDGMENT This writ petition is filed by the petitioner challenging Ext.P5 communication issued by the Deputy Director of Education, Palakkad, to the Assistant Educational Officer to implement the order dated 10.10.2011 of the Director of Public Instruction. 2. While functioning as Headmaster of Government U.P. School, Thathamangalam the petitioner was transferred by Ext.P1 order. The same was under challenge before this Court in W.P.(C) No.21008/2011 which was disposed of by Ext.P2 judgment allowing the petitioner to place all contentions before the Director of Public Instruction. Thereafter he approached the Director of Public Instruction by filing an appeal. Initially, an order of stay was granted by the Director of Public Instruction as evident From Ext.P3. 3. Ext.P5 is an order passed by the Deputy Director of Education, which shows that the appeal submitted by the petitioner before the Director of Public Instruction, has been disposed of. Learned Government Pleader produced before me for perusal the order dated 10.10.2011 of the Director wpc 27420/2011 2 of Public Instruction, whereby the appeal itself was disposed of upholding all contentions. 4. Learned counsel for the petitioner submitted that the copy of the order passed by the Director of Public Instruction, was not communicated to the petitioner so far and the petitioner was relieved on 15.10.2011 at 5.30 p.m. It is also pointed out that before disposing of the appeal, he was not heard. Learned Government Pleader submitted that the petitioner was heard on 9.8.2011, but learned counsel for the petitioner explained that the petitioner was heard only on the stay petition. 5. It is upto the petitioner to challenge the order passed by the Director of Public Instruction, in appropriate proceedings. In that view of the matter, leaving open the remedy of the petitioner to challenge the order dated 10.10.2011 passed by the Director of Public Instruction, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/