IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 25868 of 2010(G) PETITIONER: ANANDAN R,H.S.S.T.,(GEOGRAPHY) G.H.S.S.GANESHGIRI,SHORNUR, PALAKKAD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCAITON, SECRETARIAT, THIRUVANANTHAPURAM -1 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM -1 3. RATNAVALLY, HSST(GEOGRAPHY) BHAGAVATHY G.H.S.S.VANNAMADA, CHITTUR, PALAKKAD DIST-678555 4. SHOBA A,HSST(GEOGRAPHY) GOVT H.S.S, KANJIKODE PALAKKAD DIST-678621. R4 BY ADV. SRI.V.V.ASOKAN SRI.R.JAIKRISHNA R3 BY ADV.SRI.JACOB SEBASTIAN R1 AND R2 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 25868 OF 2010 G ------------------------------------------------------ Dated this the 13th day of October, 2010 JUDGMENT The petitioner is now working as HSST (Geography) in Government Higher Secondary School, Ganeshgiri, Shornur in Palakkad District. The petitioner applied for transfer to another school, the choice of which was mentioned by him in the application. The petitioner states that initially, the request was granted as per Ext.P2 order dated 26.5.2010, passed by the Director of Higher Secondary Education. However, that order was cancelled as per Ext.P5 order dated 7.6.2010, passed by the Director of Higher Secondary Education. Thereafter, the petitioner filed W.P.(C) No.18179 of 2010, which was disposed of as per Ext.P10 judgment dated 11.6.2010, recording the submission of the Government Pleader that the provisional transfer list will be finalized duly adverting to the objections that have been received. The petitioner submitted Ext.P11 representation dated 23.6.2010 to the Director of Higher Secondary Education. Ext.P11 representation refers to an order dated 11.6.2010 passed by the Director of Higher Secondary W.P.(C) NO.25868 OF 2010 :: 2 :: Education. When the Writ Petition came up for admission on 27.9.2010, the following order was passed: “Ext.P10 judgment was passed on 11.6.10. In Ext.P11 representation dated 23.6.10, an order dated 11.6.10 is referred to. It is also stated in Ext.P11 that the petitioner received the order dated 11.6.2010. But that order is not seen produced. The petitioner shall produce the order dated 11.6.2010. Post after two weeks.” 2. The petitioner has produced the order dated 11.6.2010 passed by the Director of Higher Secondary Education as Ext.P12. 3. The reliefs prayed for in the Writ Petition are the following: “(i) to issue a writ of certiorari quashing Exts.P5 to the extent to which it does not give transfer to the petitioner to Bhagavathy G.H.S.S. Vannamada and Govt. H.S.S. Kanjikode; (ii) to issue a writ of mandamus directing the 2nd respondent to give transfer to the petitioner to Bhagavathy G.H.S.S.Vannamada or to Govt.H.S.S.Kanjikode; W.P.(C) NO.25868 OF 2010 :: 3 :: (iii) to issue a writ of mandamus directing the 2nd respondent to take a decision on Ext.P11 representation within a time frame to be fixed by this Hon'ble Court; (iv) to issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.” 4. The learned Government Pleader submitted that Ext.P11 representation was considered by the Director of Higher Secondary Education and an order dated 12.8.2010 was passed. 5. Now there are two orders passed by the Director of Higher Secondary Education, one dated 11.6.2010 (Ext.P12) and the other dated 12.8.2010, as submitted by the learned Government Pleader. The petitioner has got an effective alternative remedy to challenge these orders before the Government. Since the petitioner has an effective alternative remedy, I do not think it necessary to consider the contentions of the petitioner on the merits in this Writ Petition. W.P.(C) NO.25868 OF 2010 :: 4 :: Accordingly, the Writ Petition is closed with liberty to the petitioner to challenge Ext.P12 order and the order dated 12.8.2010 passed by the Director of Higher Secondary Education and also to take up the contentions raised in the Writ Petition, by filing appropriate representation before the Government. (K.T.SANKARAN) Judge ahz/