The decision affirms that transfer orders in educational institutions primarily rest with the manager, not the government, with compassionate considerations being relevant.

J U D G M E N T

The short question that arises for consideration is whether the Government was right in directing to transfer the eighth respondent as Headmistress of the B.E.M.L.P School, Kozhikode, while rendering its decision on an issue regarding the grievances raised by the petitioner herein against rejection of her claim for appointment as Headmistress.

2. The necessary facts required for the disposal of the writ petition are the following:-

The petitioner was a Lower Primary Assistant under the first respondent Manager and she was working in B.E.M.L.P School, Kozhikode. In the year 2006, she was given a promotion as Headmistress which was relinquished by her as per Ext.P1. The said relinquishment was accepted by the Assistant Educational Officer as a permanent one, as per Ext.P2. Therefore, the petitioner sought to withdraw the same and submitted Ext.P3 before the Manager, specifically praying that she may be considered for promotion when the next vacancy of Headmistress arises. The matter was again considered by the District Educational Officer, as per Ext.P4. The decision therein went against the petitioner herein. The petitioner thereafter filed Ext.P5 application before the Government challenging Ext.P4 order.

3. Meanwhile, the eighth respondent was promoted as Headmistress and was transferred to B.E.M.L.P School, Parappanangadi. A vacancy arose in the Malabar Christian College L.P.School, Kozhikode on 31/03/2008 and she requested for a posting there. In the said vacancy, the petitioner was appointed at that point of time. The ninth respondent was transferred to B.E.M.L.P School, Parappanangadi and the eighth respondent was transferred and posted to BE.M.L.P. School, Manjeri by the Manager. The eighth respondent filed representation before the authorities. The dispute therein was considered by the Addl.D.P.I at the instance of respondents 8 and 9 and pursuant to the directions issued by this Court in W.P.(C).No.14727/2008. Going by Ext.P6, the eighth respondent was ordered to be transferred and posted to B.E.M.L.P. School, Parappanangadi but the claim raised by the petitioner was not accepted. In the place of the petitioner, the ninth respondent was directed to be appointed. The petitioner challenged the said order in revision Ext.P7 before the Government.

4. The Government by Ext.P9 decided in favour of the writ petitioner in regard to the claim for promotion as Headmistress. It was ordered that her appointment of Headmistress could be approved on the petitioner submitting a letter for withdrawing the relinquishment but at the same time it was also ordered that the eighth respondent being a cancer patient, she will be given a posting as Headmistress at B.E.M.L.P. School, Kozhikode and the D.P.I was directed to issue necessary orders. Accordingly, Ext.P10, a consequential order was passed by the Director of Public Instructions. The eighth respondent is now directed to be transferred from B.E.M.L.P School, Parappanangadi to B.E.M.L.P. School, Kozhikode.

5. Heard the learned counsel appearing for the petitioner, the learned Government Pleader, the learned counsel appearing for the first respondent and the learned counsel appearing for the eighth respondent.

6. It is submitted by the learned counsel for the petitioner that as against Ext.P6, the eighth respondent had not filed any revision petition before the Government and therefore, it was not proper on the part of the Government to pass an order in favour of the eighth respondent for a posting in her choice school. It is further pointed out that transfer and posting is a matter which the Manager alone could do in accordance with Rules. Since the Government has passed an order in favour of the eighth respondent, the petitioner is left without any remedy in the matter.

7. The learned counsel for the eighth respondent submits that, as far the claim for promotion of the petitioner is concerned, actually she is not affected but being a cancer patient, she sought for a posting