The petitioner, an Assistant Teacher at Chinmaya Vidyalaya, challenged her transfer order to Manjeri. The court held that no writ petition lies against a private body and noted no violation of CBSE rules was alleged. The petition was dismissed with liberty to approach CBSE.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 07TH DAY OF SEPTEMBER 2018 / 16TH BHADRA, 1940
WP(C).No. 24220 of 2018
PETITIONER/S:
GEETHA.S.NARAYANA,
AGED 54 YEARS, W/O.T.SANKARANARAYANA,SANTHOSH NILAYA, CHARLA P.O., MANJESWAR,KASARAGOD-671 323, NOW WORKING AS ASSISTANT TEACHER,CHINMALA VIDYALAYA, (AFFILIATED TO CBSE NEW DELHI),VIDYANAGAR, KASARAGOD-671 123.
BY ADV. SRI. K.S. HARIHARAPUTHRAN
RESPONDENT/S:
1 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REPRESENTED BY ITS CHAIRMAN, NO.2, SHIKSHA KENDRA,COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110.
5 THE CHINMAYA VIDYALAYA, (AFFILIATED TO CBSE NEW DELHI), VIDYA NAGAR,KASARAGOD-671 123, REPRESENTED BY ITS DIRECTOR AND PRINCIPAL B.PUSHPARAJ.
6 B.PUSHPARAJ, AGED 49 YEARS, DIRECTOR AND PRINCIPAL,THE CHINMAYA VIDYALAYA,VIDYANAGAR, KASARAGOD-671 123.
BY ADVS.
SRI.K.P.ANTONY BINU SRI. SURESH KUMAR KODOTH
OTHER PRESENT:
B UNNKRISHNAKAIMAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.24220/18
2
JUDGMENT
The petitioner, a teacher appointed in Chinmaya
Vidyalaya, presently working at Kasaragod has been ordered to be transferred to Manjeri in Malappuram District. This order of transfer is under challenge. In an earlier challenge this Court directed the School authorities to consider the petitioner's request to remain at Kasaragod. That was considered and rejected. It is challenging this order petitioner approached this Court. No writ petition would lie against a private body. There are no allegation of violation of any CBSE Rules. Petitioner is having a case that CBSE can interfere in this matter. Petitioner is free to approach the CBSE.
With the liberty as above, the writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
DG
W.P.C.24220/18
3
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE LETTER DT.21.08.2013 SENT TO CBSE BY THE PETITIONER ALONG WITH 13 OTHER TEACHERS. EXT.P2 : COPY OF THE ORDER NO.CV/VN/Dir/620/18 DT.15.05.2018 OF THE 6TH RESPONDENT. EXT.P3 : COPY OF REPRESENTATION DTD.23.05.2018 SUBMITTED BY THE PETITIONER TO RESPONDENTS 1 TO 4. EXT.P4 : COPY OF THE JUDGMENT DTD.25.06.2018 IN W.P. (C)NO.17780 OF 2018. EXT.P5 : COPY OF DECISION NO.CV/VN/Dir./653/18 DTD.11.07.2018. EXT.P6 : COPY OF MEMO NO.CV/VN/Dir/510/17 DTD.10.11.2017 ISSUED BY 6TH RESPONDENT TO THE PETITIONER.
RESPONDENT'S EXHIBITS : NIL
1 issue framed by the court
Whether a writ petition lies against a private school body regarding an order of transfer of a teacher appointed therein.
GEETHA.S.NARAYANA
1 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) AND OTHERS
THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KASARAGOD
THE CHINMAYA VIDYALAYA AND OTHERS
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
