IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 19912 of 2011(L) -------------------------- PETITIONER(S): --------------- E.JAYA PRAKASH,AGED 46 YEARS, S/O.BALAN.E, HEAD MASTER,GLPS,PATTITHARA, THRITTALA EDUCATIONAL SUB DISTRICT,PALAKKAD DISTRICT,R/AT ELEAPRA HOUSE, PERUMPILAVU PO, THRISSUR DISTRICT. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REP.BY THE SECRETARY TO THE GOVERNMENT,DEPARTMENT OF EDUCATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION,PALAKKAD. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19912 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF CIRCULAR NO.B1/8224/2011/DPI DATED 16/2/11 ISSUED BY THE SECOND RESPONDENT INVITING APPLICATIONS FOR TRANSFER. EXT.P2 A HARDCOPY OF ONLINE APPLICATION SUBMITTED BY THE PETITIONER SEEKING TRANSFER, THROUGH THE WEBSITE OF THE RESPONDENT AS DOWNLOADED FROM THE WEBSITE OF THE RESPONDENT. EXT.P3 TRUE COPY OF THE TRANSFER ORDER NO.A2/2412/2011 DATED 2/6/11 EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 27/6/2011 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19912/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July, 2011 J U D G M E N T The petitioner is aggrieved by the non consideration of his choice station, namely, G.L.P.S., Nellikathiri. 2. He was working as Headmaster in G.L.P.S., Seetharkundu. On 16/02/2011, the second respondent issued a Circular inviting applications for request transfers, which have to be submitted online in the proforma provided therein. Ext.P1 is the copy of the said Circular. It is averred in the writ petition that the petitioner placed a request online in the website of the respondent. Ext.P3 is the order issued by the Deputy Director of Education, Palakkad transferring the petitioner to G.L.P.S., Pattithara in Thrithala Educational Sub District. It is also averred in the writ petition that the petitioner's request was not properly considered and the said school was the fifth choice in the application submitted by the petitioner. W.P.(C). No.19912/2011 -:2:- 3. The Headmaster of G.L.P.S., Nellikathiri submitted an application for voluntary retirement with effect from 30/06/2011 and accordingly, the petitioner, pointing out these developments, filed a fresh representation before the Deputy Director of Education as per Ext.P4 and, seeking for a direction to the said authority to consider the matter, this writ petition has been filed. Learned Government Pleader on getting instructions submitted that the procedure for submitting applications as prescribed under Ext.P1 is online. 4. Evidently, the petitioner's grievance is that the choice station, namely, the first station was not considered by the Deputy Director of Education. It is also submitted that the petitioner is the senior-most claimant. In that view of the matter, regarding non consideration of the first choice, it is open to the petitioner to approach the Director of Public Instruction by filing an appeal. Since, the Deputy Director of Education has already exercised his power, it may not be proper to direct him to reconsider the W.P.(C). No.19912/2011 -:3:- matter, especially, since Ext.P4 is only a representation submitted individually. Therefore, if the petitioner submits an appeal to the second respondent within one week along with a copy of this Judgment, the same will be considered by the second respondent on the basis of the relevant guidelines and appropriate decision will be communicated to the petitioner within a period of one month thereafter. The writ petition is disposed of as above. No costs. The petitioner will also forward a copy of the writ petition along with the appeal and certified copy of the Judgment to the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms