EASWAR VIVEK ANAND Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition, strange as it seems, is filed by a batch of pupils, all minors represented by their natural guardians, agitating the issue of transfer of two teachers in the subjects of English and Mathematics, in the middle of the academic year without providing any substitutes. This Court cannot hap doubting whether it is a proxy litigation on behalf of the teachers themselves. Had it been a case of transfer in the ordinary course based on administrative convenience, this Court, definitely, would not have interfered with what is otherwise well established discretion of the authorities in the matter of schools, especially Government schools.

(2.) THE fact, however, remains that all the pupils are studying in the tenth standard and are due to face public examination in a couple of months. Though there is no illegality in transferring the teachers in question, it is necessary in the interest of education that there ought to be some substitute to take care of the very crucial subjects of English and Mathematics. It is the contention of the learned counsel for the petitioner that so far no substitutes have been posted in the fifth respondent school.

(3.) INDEED , Section 15 of the Kerala Administrative Tribunal's Act is quite expansive to take care of in service disputes of whatever hue. At the same time, it cannot be denied that the issue raised in the present writ petition concerns the fundamental right of the pupils to education, which now stands constitutionally recognised under Article 21A of the Constitution of India. Given the need of the quality education to be imparted to the pupils, especially those who face public examinations, this Court, without precedentially determining the issue of jurisdiction, decides to dispose of the writ petition with a direction to the third respondent to consider Exhibit P2 representation of the Parent Teacher Association and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Thus, pending consideration of Exhibit P2, the authorities shall ensure that either respondents 6 and 7 or their substitutes, if they are to be posted in the meanwhile, shall continue to teach the subjects of English and Mathematics without any interruption.