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Kerala High Court

Sulfiker Ali.K.M vs Secretary To Govt.General Educational ... on 22 May, 2010

       

  

   

 
 
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

        THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
                                  &
              THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

     THURSDAY, THE 13TH DAY OF NOVEMBER 2014/22ND KARTHIKA, 1936

                    WP(C).No. 30163 of 2014 (S)
                    ----------------------------

PETITIONER(S):
--------------

       SULFIKER ALI.K.M., AGED 19 YEARS
       S/O. MOHAMMED KUTTY, KOTTILINGEL HOUSE
       VELLARAKAD.P.O., ERUMAPETTY, THRISSUR-680584.

       BY ADV. SRI.K.K.ASHKAR

RESPONDENT(S):
--------------

          1. SECRETARY TO GOVT.GENERAL EDUCATIONAL DEPARTMENT
       GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

          2. DIRECTOR,
       VHSE DIRECTORATE, 3RD FLOOR, HOUSING BOARD BUILDING
       SANTHINAGAR, THIRUVANANTHAPURAM-1.

          3. GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL (BOYS),
       KUNNAMKULAM-680503, REPRESENTED BY ITS PRINCIPAL.

          4. SIVADASAN.K.P.,
       VOCATIONAL TEACHER IN MAINTENANCE AND REPAIRS
       OF DOMESTIC APPLIANCES(VT MRDA)
       GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL(BOYS)
       KUNNAMKULAM-680503.

          5. DR. MUHAMMED SUDHIR,
       VOCATIONAL TEACHER IN PRINTING TECHONOLOGY(VTPT)
       GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL(BOYS)
       KUNNAMKULAM-680503.

       R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS

       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION  ON
13-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30163 of 2014 (S)
----------------------------

                              APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------


P1. TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.(P) 77/2010/G1. EDN,

DATED 22-5-2010.

P2. TRUE COMPUTER PRINTOUT OF GENERAL TANSFER LIST DATED 7-11-14

PUBLISHED BY THE 2ND RESPONDENT.

P3. TRUE COPY OF THE ONLINE TRANSFER ORDER DATED 7-11-14 ISSUED TO

4TH RESPONDENT.

P4. TRUE COPY OF THE ONLINE TRANSFER ORDER DATED 7-11-14 ISSUED TO

5TH RESPONDENT.


RESPONDENT(S)' EXHIBITS
------------------------


           NIL

                             /TRUE COPY/

                                            PA TO JUDGE



           ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
           -----------------------------------------------------------------------
                            W.P.(C). No. 30163 of 2014
           -----------------------------------------------------------------------
                 Dated this the 13th day of November, 2014

                                    J U D G M E N T

Ashok Bhushan, Ag.CJ Heard. This writ petition has been filed challenging the transfer order of teachers, who have been impleaded as respondents 4 and 5, from petitioner's institution to other institution as well as General Transfer Order-Ext.P2.

2. It is well settled that public interest litigation is not entertained in service matters. The transfer of teachers is an incident of service matters and we do not see any locus for the petitioner to interfere in the General Transfer Order by way of public interest litigation.

3. Learned counsel for the petitioner expressed the apprehension of the petitioner that if the teachers are transferred, there shall be no teachers available in the institution. We make it clear that it is always open for the petitioner to bring such matters to the notice of the Educational Authorities to post teachers in the institution.

With this observation, the writ petition is dismissed.

Sd/-

ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-

A.M.SHAFFIQUE, JUDGE.

sou.