7 IN THE HIGH COURT OF KATAKA AT BNGARE DATED THIS THE 18TH DAY OF JUNE 1998 BEFORE THE HON’BLE MR.JIJSTICE G.O.BHARUKA WRIT PETITION NO:5117/19 Bi$TWEEN: Smt T.enkatalakehamma, major, Nursery Teacher, Yeflamaa Nursery School, Gulpet, Kolar. (By Sri A.G.Shivarma, Aôv) •Jetitioner AED: 1. The Deputy Director of Public Instructions, Kolar District, Koler. 8 2. The Aset. Educational Officer, bier Taluk, Kolar. 3. The Yellamma Nursery School, Gulpet, baler. Rep by its Head Master. (By Sri G.Papireddy, AGA) ..Respondeflts Writ petition is filed under Articles 226 & 227 of the Constitution of India with a prayer to direct Ri & 2 to consider the request of the petitioner Sand the school for release of the salary due to her from December 1985 in compliance with directioz issued by this Hon’ble Court, dtd. 25.9.94 and etc., This petition coming on for final disposal thi day the Court made the following: —: 1 :— I. LP.5117/96 ARDER Heard the learned counsel for the petitioner and Mrs V. Vidya learned H C (3 P for th- respondents 2. The petitioner is an emplnjee of a Private Fducationql institution. The relief claimed b” him in the present writ petition pertain to hie employment The Division Bench of this Court in W A. No 1811 to 1816/95 and connected matters (DD 10.0%.1998) has held that even if the orivate educational institution has been admitted to grant-in-aid under the provisions of the Grant-in-Aid Code by the State government, still no relationship of master and servant between the government and the person like the petitioner comes into beina and therefore. the writ petition filed by euch an emolnyee is not maintainable under Article 26 of tI- Constitution of Inch ince hr h effscti”e efficacious and altern,tive tatutory reme-lies available under the Karnataka Fdunation 4et, iqW3 (in thnrt ‘the Act’). ‘3 In pa ar,ph 12 of tie judgment it ha’ been hcld that Aq regards the locus standi of staff working in the aforesaid educational institutions to maintain thc writ petitions. they have got tht remedy of appeal under Section 94 of the Education Art against an order of dismissal or remosal from service or reduction in rank. Under Section 130. aeal is provided against any order paned by an officer or authority under the Act Section 131 provides for revision by Government either suo moto ‘ or on an application from any person interested. Sertion 11 of the Fdiu-*tinn Act. nrovlder for review by the State Gr,vrrnment either •‘ao moto or on an aLolication rerelved from nv nersn z ‘4 interested The Government i alo vete with the o power to give direction under Sct ion 133 of the Said Act to make enquiry cr take appropriate z nioceeding by the Commissioner or Director or any o oth’r officr n’t below th rank ‘f Dirtrict Educational flfficer and o submit rport. Thus. o the Education Act provides for appeals €vision and rrview in respet of an order and in the absence of any order, the Government can be mnved for isuing ne essary iirton i a C-(;5 (f its power under Section 155 and the etaff an aajI the suid rrrnedie. Even with rard to payment of salary. what is stated ahov with inoard t the ta inq and rontehir stiff çplip th€ other staff alan 1Jithot exhaustcnri auh altrnative o remed/ the’ cannot be prmitted to invoke tke extraordinary jurisdiction of thia Court under Article 22 of the Conctitution V 4, For the aforesaid reasons the writ petition i dismissed on the ground of availability of efficacious and effective alternative remedy. However, all the rights and 0 contentions of the parties on merits are kept open for being agitated before the appropriate etatutory authorities. If so advised, the petitioner may avail his statutory remedy by way of filing appeal / reviion / auplicat ion as the case may he under the Act within STY tJFFKc from tccy anr 4 in th avant 0f filing of the same the oni-r a author iti will dicnse of auch apoal / rev’sier / rplicatinn witin THREE montb fren 2 the date filing tereof If any u h remedy hs already been avald, then te sm should he disFoc f w’t in THIEE month from the date of communication of thi ord€r sal-