N.K. Sreelekha vs The State of Kerala

Justice T.R. Ramachandran Nair

The grievance of the petitioner is regarding the order passed by the Government as per Exhibit P4 by which the Government recalled the order of stay granted as per Exhibit P3. The parent school of the petitioner is a High School at Vazhichal in Neyyattinkara Educational District. Due to division fall, the petitioner became excess and she was granted protection and was accommodated in the Government Vocational Higher Secondary School, Paruthippally and she joined there on 21.10.2005. The petitioner was transferred from the said school as per Exhibit P1 in the light of certain complaints raised by the Parent Teacher Association. The same was challenged before the Government and initially an order of stay was granted as per Exhibit P3. Later, the same has been vacated with a direction to the Deputy Director of Education to implement Exhibit P1. The petitioner points out that she is on duties in connection with the SSLC Examination at GVHS, Neyyattinkara and therefore she is not physically there at Paruthippally at present and she need present at the GVHS Paruthippaly only in June, 2012. It is also pointed out that two vacancies are arising in the parent school by the end of March, 2012 and therefore at this stage only to comply with the order of transfer, she may not be disturbed.

The learned Government Pleader on getting instructions submitted that SSLC examination is already over and the request of the petitioner for retention in the GVHS, Paruthippally cannot be considered, since there are lot of complaints against her in the said school and the claim of the petitioner that she is eligible to be recalled to the parent school in any of the arising vacancies and can be considered at that point of time. It is also the submission of the learned Government Pleader that the academic year is coming to an end by 31.3.2012 and the inconvenience pointed out by the petitioner may not be material.

Exhibit P4 is only an order recalling the order of stay. It is only an interim order. The appeal filed is still pending before the Government. The learned counsel for the petitioner submitted that the present school is 50 Kms. away from the residence of the petitioner. It will be open to the petitioner to point out vacancies occurring in any nearby schools in the event of absence of any vacancy to accommodate her in the parent school and if a representation is filed pointing out any such fresh vacancies in the nearby area, the same will be considered and Exhibit P4 order will not stand in the way of the Deputy Director of Education considering the same.

The Writ Petition is dismissed subject to the above observation. The Government will also take a suitable decision in the appeal pending before it, within two months from the date of receipt of a copy of this judgment.