RESHMA BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a teacher working at Fr.G.K.M.H.S, Mananthavady, Wayanad, under the management of the Corporate Manager, Diocese of Mananthavady, Wayanad. According to her, she has been transferred to the present school by the Corporate Manager through a common order, namely Ext.P2 and she alleges that in spite of the transfer being valid in law, the fourth respondent - District Educational Officer has refused to grant it approval, without citing any valid reason. She thus impugns Ext.P4 communication from the DEO, wherein the said Authority has merely stated that her transfer cannot be approved.

(2.) The petitioner contends that, as is clear from the judgment of this Court in W.A.No.1139/2020, it has been specifically declared that the Corporate Manager has full legal right to transfer teachers from one school to the other, going by Rule 10 of Chapter XIV-A of the Kerala Education Act and Rules (KER). She thus prays that Ext.P4 be set aside and the fourth respondent - DEO be directed to approve her transfer without any further delay.

(3.) In response to the afore submissions made on behalf of the petitioner by Sri.Thulasi K.Raj, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that the reason that weighed in the mind of the fourth respondent, in not approving the transfer of the petitioner, is that the vacancy to which she has been transferred is either an additional vacancy or one in a newly opened school, both of which can only be filled up by a protected teacher, as per the various Government Orders holding the field. She submitted that she has no contest regarding the proposition in Ext.P3 judgment that a Manager can transfer a teacher from one school to other, but only that the transferred post ought not to be ones which can only be filled up by a protected teacher. She, therefore, submitted that Ext.P4 cannot be found to be in error and prays that this writ petition be dismissed.