IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 36106 of 2010(K) -------------------------- PETITIONER(S): --------------- K.S. KANAKAMMA, HSA ENGLISH (UNDER ORDER OF TRANSFER) GOVERNMENT HIGHER SECONDARY SCHOOL, KUMBALA, KASARAGOD DISTRICT. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF EDUCATION, KASARAGOD 671 121. 2. THE HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, KUMBALA, KASARAGOD - 671 121. 3. THE PRESIDENT, PARENT TEACHERS ASSOCIATION, GOVERNMENT HIGHER SECONDARY SCHOOL, KUMBALA, KASARAGOD-671 121. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.36106 of 2010 --------------------------------------------- Dated this the 9th day of December, 2010 JUDGMENT The petitioner, a High School Assistant (English) in Government Higher Secondary School, Kumbla, Kasaragod District, was transferred to G.H.S.S., Angadimogar as per Exhibit P1 order dated 23.11.2010. Exhibit P1 is under challenge in this Writ Petition. In the Writ Petition, it is pointed out that there are 36 lady teachers in Government Higher Secondary School, Kumbla and the petitioner raised a grievance for not providing necessary amenities to the lady teachers. The matter was brought before the Parent Teachers' Association by her. It is also alleged that the students belonging to Scheduled Castes and Scheduled Tribes were asked to do the cleaning work in spite of the fact that the necessary scavenging staff were available in the school. It is stated that the petitioner also raised a grievance in the P.T.A. meeting about the allegation of mismanagement of the funds WPC No.36106 of 2010 2 of the P.T.A. The Headmaster and President of the P.T.A. were not happy with the activities of the petitioner and therefore, they raised unfounded allegations against the petitioner. On the basis of those allegations, Exhibit P1 order was passed as a punishment. It is submitted by the learned counsel for the petitioner that Exhibit P1 is stigmatic and the transfer was made as a mode of punishment and therefore, Exhibit P1 is liable to be quashed. 2. The learned Government Pleader, on instructions, submitted that there were unpleasant scenes in the school as a result of the dispute between the petitioner on the one hand and the Headmaster and the majority of teachers on the other. The Government Higher Secondary School, Kumbla is a model institution. A complaint was sent by the petitioner to the educational authorities. The District Monitoring team consisting of the Principal of DIET, District Project Officer, Deputy Director of Education and the District Educational Officer made a visit to WPC No.36106 of 2010 3 the school on 19.8.2010. They made detailed study of the situation prevailing in the school. All the persons concerned agreed to create a congenial atmosphere in the working of the school and to co-operate with each other. However, a complaint was raised by the Headmaster before the Deputy Director of Education on 11.11.2010 stating that the petitioner violated all the terms arrived at on 19.8.2010 and indulged in undesirable activities. Specific items of complaint were pointed out in that petition. 3. It is submitted by the learned Government Pleader that taking note all the relevant facts and circumstances, it was thought that in public interest, it would be ideal that the petitioner is transferred to another school. It was not as a mode of punishment nor it was stigmatic. The learned Government Pleader pointed out that it is true, as stated by the learned counsel for the petitioner, that in the subject and reference in Exhibit P1, mention is made about the complaint against the WPC No.36106 of 2010 4 petitioner and the letters issued by the President of Parent Teachers' Association and the Headmaster. That was made only to show the true state of affairs. Even without mentioning the complaint and those letters, a transfer could be had. The learned Government Pleader submitted that the transfer was ordered in public interest and no grounds are made out for interference. 4. Since it is made clear by the learned Government Pleader that Exhibit P1 order of transfer was passed not as a mode of punishment nor was it stigmatic, the main grievance of the petitioner vanishes to a great extent. Then the question is whether the transfer should be interfered with. The transfer was made in public interest. Maintaining a peaceful and congenial atmosphere in the school is necessary. At the same time, it was not necessary to punish anybody or to decide disputed questions of fact or to arrive at the decision as to whether the petitioner was guilty. To maintain a congenial atmosphere in the school, it was thought that transfer of the petitioner would be ideal in WPC No.36106 of 2010 5 public interest. If so, Exhibit P1 cannot be faulted merely on the ground that in the subject and reference therein, the complaint and the letters are referred. It is also submitted that Angadimogar is not a far off place and the distance between Kumbla and Angadimogar is less than 15 kms. For the aforesaid reasons, I do not find any ground to interfere with Exhibit P1 order of transfer. Accordingly, the Writ Petition is dismissed. K.T.SANKARAN JUDGE csl