IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 16580 of 2009(N) -------------------------- PETITIONER(S): --------------- O.M.KARMALEETHA, H.S.A(SOCIAL SCIENCE), ASSUMPTION HIGH SCHOOL, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 2. THE CORPORATE MANAGER, THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF MANANTHAVADY, MANANTHAVADY P.O., WAYANAD DISTRICT. 3. CHERIAN K.C., H.S.A.(SOCIAL SCIENCE), ST.THOMAS HIGH SCHOOL, NADAVAYAL P.O., WAYANAD DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16580/2009-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2009 J U D G M E N T The petitioner is presently under orders of transfer to the St.Joseph's High School, Kallodi from the existing school. According to the petitioner, the transfer is in violation of Rule 10 of Chapter XIVA of K.E.R. She was not given a choice before issuing the transfer order. To reach the present school she has to travel more than 120 kms everyday and has to catch at least three buses. Ext.P2 is the appeal filed by the petitioner before the first respondent. She has filed a stay petition against the order of transfer as per Ext.P3. Ext.P4 is a medical certificate produced to show that her husband is afflicted by cardiological problems also. 2. Since the petitioner has already filed an appeal before the first respondent, there will be a direction to the first respondent to consider Ext.P2 with a notice to the petitioner and the Manager within a period of six weeks from the date of receipt of the copy of this judgment. 3. The learned counsel for the petitioner submitted that before the appeal is disposed of, the stay petition may be considered. The first W.P.(C). No.16580/2009 -:2:- respondent will dispose of the stay petition within 10 days from the date of receipt of the judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms