Manager Varam U. P. School & Elayavoor Central L. P. School v. Director of Public Instruction
2014-06-12
A.MUHAMED MUSTAQUE
body2014
DigiLaw.ai
JUDGMENT 1. This writ petition is filed by the Manager of an aided school feeling aggrieved by Ext.P5 order, by which a transfer order issued by him (Ext.P3) has been stayed. The Assistant Educational Officer (AEO), Kannur, has passed Ext.P5 and stayed transfer temporarily till final decision is taken in the matter. The petitioner submits that the order passed by the AEO as per Ext.P5 without any authority and the AEO has no jurisdiction under law. He relies on Rule 10 of Chapter XIV A of the Kerala Education Rules (hereinafter referred to as the "KER"). 2. On the other hand, the learned counsel appearing for respondents 3 and 4, who are the teachers submitted that the order is vitiated by mala fides and no reason has been assigned in the order of transfer. It is also stated that order of transfer is a misuse of administrative power. 3. However, having adverted to Rule 10 of Chapter XIV A of the KER, it is obvious that the Manager has issued Ext.P3 order based on the power confined him under Rule 10 of Chapter XIV A of the KER. It is laid down in the above provision that the Educational Agency may transfer any teacher from one school to another by following the principles that is followed in the Government Schools. Enumerated reasons for transfer is also provided in Rule 10 of the KER. It is further provided in Rule 10(5) that 'cases of deviation from the seniority norms shall be appealable before the Director of Public Instruction'. Therefore, the Director of Public Instruction alone has jurisdiction to interfere with the validity of the transfer order issued by the Manager. That being so, I am of the view, the order passed by the AEO as per Ext.P5 is unsustainable. Accordingly, Ext.P5 is quashed. 4. However, it is submitted by the learned counsel for the third respondent that he has already approached the Director of Public Instruction by Ext.R3(h). 5. In view of the matter as above, since he has already approached the Director of Public Instruction, I am of the view that it may require an earliest consideration.
Accordingly, Ext.P5 is quashed. 4. However, it is submitted by the learned counsel for the third respondent that he has already approached the Director of Public Instruction by Ext.R3(h). 5. In view of the matter as above, since he has already approached the Director of Public Instruction, I am of the view that it may require an earliest consideration. Therefore, there shall be a direction to the Director of Public Instruction to take up Ext.R3(h) and dispose of the same within a period of one month from the date of receipt of a copy of this judgment after affording an opportunity of hearing to the petitioner as well as to respondents 3 and 4. The third respondent shall produce a copy of this judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs.