KESAVA KURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners, 6 number, are teachers. They were working in the school belonging to the 4th respondent, N.S.S Karayogham. The 4th respondent transferred the school and its management to the 5th respondent, the Nair Service Society. This transfer is challenged on the ground that it affected the petitioners' seniority and right, pot to be transferred from the school. It is the further case of the petitioners that the transfer was against the provisions contained in S.6 of the Kerala Education Act and R.5A of Chap.3 of the Kerala Education Rules.

(2.) The 4th respondent started the school and it had under its management this school alone. The petitioners were teachers in the school. Their seniority was fixed as between the members of the staff in that unit. They were free from transfer to distant places because the 4th respondent had only this school under its management.

(3.) The 5th respondent is a corporate management. If the 5th respondent gets the ownership and management of the school, the seniority of the petitioners will have to be decided taking into consideration the service of other members of the staff in the various schools belonging to the 5th respondent. Petitioners will be liable to be transferred to other units run by the 5th respondent. On these grounds the petitioners submit that the change of management will affect their rights adversely. If the transfer adversely affects the interests of the staff, it is argued, the transfer cannot be permitted under R.5A of Chap.3 of Kerala Education Rules. While granting sanction under R.5A, the Director is to see whether the transfer will adversely affect the interests of the staff in the school. For deciding this question the Director is to examine whether the transfer will in any way adversely affect the interests of teachers and other staff which are protected by the Kerala Education Act and Rules. This having not been done, it is contended that the order Ext. P9 is illegal. I do not find my way to agree to this submission. All relevant matters were taken note of while passing Ext. P9. As could be seen from the Kerala Education Rules, no member of the staff in a school if having the right to continue in the same school without being transferred to another if the management has got more than one school. The possibility of the staff being transferred to another school is no ground to refuse sanction to the transfer of the school and the management.