Vidhyadharan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 WP(C).No. 21846 of 2015 (E) ---------------------------- PETITIONER :

---------------------- VIDHYADHARAN S/O.SIVARAMAN, AGED 48 NJITTUVETTIL HOUSE, CHAMPUCHIRA P.O., THRISSUR DISTRICT - 680 684, PRESIDENT PARENT TEACHER ASSOCIATION, CHEMPUCHIRA GOVERNMENT HIGHER SECONDARY SCHOOL, CHEMBUCHIRA P.O., THRISSUR DISTRICT - 680 684.

BY ADVS.DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN SRI. S.SIDHARDHAN RESPONDENT(S) :

----------------------------

1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR, HIGHER SECONDARY EDUCATION GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 033. R1 & R2 BY SPL. GOVT. PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-11-2015, ALONG WITH WP(C) NO. 34710/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 21846 of 2015 (E) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1TRUE COPY OF G.O(P) NO.116/2009/GEN.EDN.DATED 27.5.2009. EXT. P2TRUE COPY OF G.O(MS) NO. 646/66/EDN. DATED 1.12.1965. EXT. P3TRUE COPY OF G.O (MS) 230/66/EDN. DATED 18.5.1966. EXT. P4TRUE COPY OF G.O(P) NO.12/04/P&ARD DATED 10.9.2004. EXT. P5TRUE COPY OF G.O.(P) NO.143/15/GEN.EDN. DATED 27.5.15. EXT. P6TRUE COPY OF THE CIRCULAR NO.AD.C6/5697/2015/H.S.D. DATED 1.7.15 ISSUED BY THE 2ND RESPONDENT.

EXT. P7TRUE COPY OF G.O.(P) NO.193/14/GEN. EDN.DATED 22.9.14. EXT. P8TRUE COPY OF G.O.(P) NO.37/15/GEN. EDN DATED 6.2.2015. EXT.P9COPY OF THE ORDER/PROCEEDINGS DATED 8.7.2015 OF THE KERALA STATE HUMAN RIGHTS COMMISSION IN HRMP NO. 6543/2015 WITH ITS ENGLISH TRANSLATION.

RESPONDENT(S)' ANNEXURES :

-------------------------------------------------- ANNEXURE R1(a) COPY OF G.O.(MS) NO. 218/2015/G.EDN DATED 11/8/2015 AND ITS TRANSLATION.

ANNEXURE R1(b) COPY OF JUDGMENT IN OP(KAT) NO. 249/15.

//TRUE COPY// P.S. TO JUDGE Mn

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) Nos. 21846 & 34710 of 2015 ======================= Dated this, the 25th day of November, 2015

J U D G M E N T

Shaffique, J.

WP(C) No.34710/2015 has been filed as a Public Interest Litigation and WP(C) No.21846/2015 has been filed before the learned Single Judge which has been made over to this Court as it was observed that public interest is involved in the matter. The issue raised in both the writ petitions are similar. 2.

The contention of the petitioners is that the Government has issued general orders by which teachers are being transferred during the midst of the academic year which will affect the student community at large. It is not in dispute that in regard to service matters, Public Interest Litigation is not maintainable. This position has been decided by the Supreme Court in Girjesh Shrivastava v. State of M.P (2010 (4) KLT Supp.130) and other judgments. That apart, it is submitted by the learned special Government Pleader appearing on behalf of the

W.P(C) Nos.21846 & 34710/15 -:2:- respondents that most of the teachers who had been transferred have also joined. Certain teachers had challenged the orders of transfer before the Kerala Administrative Tribunal, which are pending consideration. Having regard to the aforesaid facts, being a service matter, we do not think that we will be justified in interfering with the proceedings in a Public Interest Litigation. 3.

It is always open for the individual teachers, who are transferred, to take up the matter before the Kerala Administrative Tribunal, if they are aggrieved by the same. No general direction can be issued by this Court. Of course, it is normally in the interest of the students that transfer proceedings should not be effected during the midst of the academic year. But it is borne out from the counter affidavit filed in WP(C) No.21846/15 that there was no general transfers for the last two years and there had been substantial request from teachers from various districts to transfer them to their home districts. These are all factors which called upon the Government to take a policy decision in the matter and therefore it may not be proper for this Court to interfere in such orders of transfer based on such

W.P(C) Nos.21846 & 34710/15 -:3:- Government Orders issued in this regard.

Hence, we do not think that any direction as sought for can be granted in these writ petitions and accordingly the writ petitions are dismissed.

ASHOK BHUSHAN, CHIEF JUSTICE A.M. SHAFFIQUE, JUDGE Rp25/11/2015