JUDGMENT :

This intra court appeal arises from the judgment of the learned Single Judge interfering with the transfer order approved by the Educational Authority of a teacher regarding transfer from one school to another under Corporate Managers. The transfer order did not mention the reason for the transfer. Under the Kerala Educational Rules (KER) transfer can be only effected in accordance with Rule 10 of Chapter XIV. It is appropriate to refer Rule 10 of Chapter XIV.

“10. Transfers:-Where more than one school is under the same Educational Agency, the Educational Agency may transfer any teacher from one school to another and in deciding on these transfers the principles followed in Government Schools shall be observed to the extent possible. The principles of transfer shall be as follows:-

(1) The chief and for most criterion for transfer of Headmaster [and teacher] shall be the seniority.

2) Every Headmaster [and teacher] shall be allowed to exercise choice of 3 or more schools.

(3) Exceptions to the seniority criterion shall be the bare minimum. Exception shall include close relatives of Jawans, Intercast marriage, Physically handicapped, other grounds for special consideration, co