IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 28497 of 2010(J) -------------------------- PETITIONER(S): --------------- 1. MYRTLE MOTHIS, W/O. WILLIAM.T. FERNANDES, AGED 47 YEARS, H.S.S.T. GOVT.MODEL BOYS H.S.S., THEVALLY, KOLLAM. 2. JESSY.S., W/O. SHAJI, AGED 42 YEARS, H.S.S.T., GOVT. MODEL BOYS H.S.S. THEVALLY,KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC ISTRUCTION, OFFICE OF THE DPI, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM-691009. 3. THE PRINCIPAL, H.S.S.T. GOVT. MODEL BOYS H.S.S., THEVALLY KOLLAM-691009. 4. MARY XAVIER, H.S.S.T., GOVT. MODEL BOYS H.S.S., THEVALLY, KOLLAM-691009. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.28497 OF 2010 ------------------------------ Dated this the 5th day of October, 2010 JUDGMENT The reliefs prayed for in the Writ Petition are the following: “i. Issue a writ of mandamus or any other writ or order directing the 1st respondent to remove the 4th respondent's name from the Ext.P3 seniority list, within a stipulated time frame. ii. Declare that the 4th respondent is not entitled to get a place in the Ext.P3 seniority list, since she was entered in service as UPSA on 24.9.1990. And iii. Issue any other writ or order as is deemed fit by this Honourable court in the greater interest of justice.” 2. The petitioners are challenging the correctness of the seniority list of HSA's for the period from 1.1.1986 to 31.12.1990. It is stated that the name of the 4th respondent was improperly included in the Ext.P3 seniority list. According to the petitioners, the 4th respondent is junior to the petitioners. It is contended that the chance of promotion of the petitioners would be seriously W.P.(C).No.28497 OF 2010 2 affected, if the name of the 4th respondent is not removed from Ext.P3 seniority list. It is submitted by the learned Government Pleader that the petitioners should have challenged the correctness of Ext.P3 seniority list by filing an appeal under Rule 38(2) of Chapter XIV A of the Kerala Education Rules. However, as per the proviso to said rule the period for filing the appeal is one month. It is submitted that still the petitioners are entitled to invoke a jurisdiction under Rule 92 of Chapter XIV A of the Kerala Education Rules and approach the Government in revision. 3. Since the petitioners have an effective alternate remedy, I do not think that the Writ Petition can be entertained at this stage. The Writ Petition is accordingly closed, leaving open the right of the petitioners to move the Government in accordance with law. K.T.SANKARAN, JUDGE. cms