IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11665 of 2009(C) ---------------------------------------- PETITIONER(S): ----------------------- CORPORATE MANAGER OF C.M.S SCHOOLS, C.S.I.MADYA KERALA DIOCESE, KOTTAYAM. BY ADV. MR.BABU VARGHESE RESPONDENT(S): ---------------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, MAVELIAKARA. 2. THE DISTRICT EDUCATIONAL OFFICER, KAYAMKULAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. LEENA K.OOMMEN LPSA, CMS L.P.SCHOOL, KAPPIL. BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.11665 of 2009 -------------------------------------- Dated 7th April, 2009 JUDGMENT Heard Sri.Babu Varghese, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The fifth respondent is a teacher working in C.M.S.L.P.School, Kappil managed by the petitioner. She was formerly working in C.M.S. L.P. School, Kayippuram. With effect from 4.6.2007 she was transferred to C.M.S.L.P. School, Kappil. That appointment was not approved by the District Educational Officer. Aggrieved thereby the petitioner filed a revision petition before the Director of Public Instruction. By Ext.P6 order passed on 18.12.2008, the Additional Director of Public Instruction directed the Assistant Educational Officer, Kayamkulam to approve the transfer appointment of the fifth respondent as LPSA in C.M.S. L.P.School, Kappil subject to the condition that the resultant vacancy should be filled up by a protected hand. The Director of Public Instruction thereupon sent Ext.P7 letter dated 28.2.2009 to the Assistant Educational Officer, Kayamkulam directing him to approve the WP(C).No.11665/2009 2 fifth respondent's transfer appointment and also to take steps to fill up the resultant vacancy that had arisen in C.M.S. L.P.School, Kayippuram by appointing a protected hand. The Manager was also directed to appoint a protected teacher in the resultant vacancy wherever the vacancy arises under this management due to re-arrangement of transfer vacancies. The petitioner has aggrieved by the stipulations in Ext.P7 filed Ext.P10 revision petition before the Government. In this writ petition, the petitioner challenges Ext.P7 and in the alternative prays for a direction to the Government to consider Ext.P10 revision petition and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. 3. The learned counsel appearing for the petitioner submits that the Director of Public Instruction could not have directed the management to fill up transfer vacancies by accommodating protected hands. In my opinion, the question whether the direction issued by Director of Public Instruction in Ext.P7 is sustainable or not is primarily a matter to be decided by the Government in the first instance. The petitioner has filed Ext.P10 revision petition before the Government canvassing the correctness of the directions issued by the Director of Public Instruction in Ext.P7. I am therefore of the opinion that the petitioner should pursue the said remedy before seeking the intervention of this Court. WP(C).No.11665/2009 3 I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department to consider Ext.P10 and pass orders thereon after affording the petitioner and the fifth respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within a period of three months from the date on which the petitioner produces a certified copy of this judgment. Till final orders are passed as directed above, status quo as on today shall be maintained. P.N.RAVINDRAN Judge TKS