PHILOMINA C JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) Principal of a Government Vocational Higher Secondary School has approached this Court invoking Art.226 of the Constitution of India complaining that she had been picked up for arbitrary transfer from G.V.H.S.S., Thodupuzha to Teachers Training Institute, Muvattupuzha. She is deeply hurt and humiliated by the manner by which she was transferred. She submitted some of the imputations made against her by the Transferring Authority would lower her status and reputation among her students, fellow teachers, staff and the general public. She was picked up for transfer during the middle of the academic year, which according to her was due to extraneous reasons. She has got only one year and five months to retire.

(2.) The Parent Teachers Association of the school after having come to know that there was a move to transfer the petitioner on the basis of order dated 28.8.2001 submitted a detailed representation to the Minister for Education as well as to the Director of Public Instruction. The Parent Teachers Association opposed the move of transferring the petitioner. They had only good things to narrate about the principal. A counter affidavit was filed on behalf of the second respondent justifying the transfer order dated 8.10.01. Learned Single Judge did not interfere with the order of transfer and relegated the petitioner to file suitable representation before the Government. Aggrieved by the same this appeal has been preferred.

(3.) The transfer order Ext. P2 was passed on the basis of Government letter dated 28.8.2001 and 5.10.2001 therefore no purpose would be achieved by again approaching the Government. In order to examine the reason for the transfer we called for the Government files and perused the same. Files revealed that transfer order was issued on the basis of a letter written by the School Protection Council. We have also perused the letter written by the School Protection Council. Learned Government Pleader submitted that since transfer was effected in public interest this court under Art.226 of the Constitution shall not interfere with the order of transfer. As a general proposition the learned Government Pleader is right. But if the Court is convinced that the transfer order has been issued mala fide and due to extraneous reasons this court under Art.226 of the Constitution has got a statutory duty to redress the grievance of the petitioner. In the counter affidavit filed by second respondent following charges have been levelled against the petitioner.