I THE HIGH COURT OF KARN4TAK AT GALORE D? 4 TI THIS TF 18TH DAY OF JUNE 1998 BE FORE THE HON’ELE NR.JtT! G.C.BHhRUKA Ii NpjjQF I29 BETWEEN: C .5 idd aramai ah, f4ajor, Principal, Srigandhadakaval Composite Junior College, Srigandhad akaval, Bangalore—560 091. •.PETITIONER (By t.Vs Jay aram & Jay a ran, dvs •) I • Vokkaligara Sangha (R) having its office at K.R. Road, V .V .Purii, Bangalore..560 004 represented by its General Secretary. 2. The Director, Pre- University Ed ucation Board, Pa1ice Road, Bangalore. . .RESPO)ENS (By Si-i G G angi Rec3dy, Mv. r R— 1) Writ Petition is filed under Article 226 of the Constitution of India praying to quash the Impugned order dated 15.5.1998 (Annexure—F) made by the first respondent, as illegal, unconstitutional and void and for grant of such other relifs. This pEtition coming on for orders this dy, the Court made the followina: ORDER —: I :— ORDER Hcard the learned countel for the petitioner, and Mrs. V. Vidya, learned H.r.G.P. for the resøondents 2. The petitioner is an employee of a Private Educetional. Inst tution Tb relief claim ‘1 by him in the present writ petitlnn pertaino to his employment. The Division Bench of this Court in liLA. No. 1833 to 1836/95 and c.onne ted matters (DC 30 05 1998) has held that even if the private 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 be.tween the government and the person like the petitionei comes into being and therefore, the writ petition filed by such an employee is not maintainable under Article 226 of the Constitution of India, qince he has effecth,e, efficacious and dlternative •tatutory remedies available unier the Karnataka Education Act, 1983 (ir short ‘th° Act’) 3. In paragraph 12 nf the judgment It has been held that — “As regards the locus standi of staff working in the aforesaid educational institutions to maintain the writ petitions, they have got the remedy of appeal under Section 94 of the Education Act against an order of dismissal or removal from se vice or reduction in rank. Under Section rO, appeal is provided against any order passed by an officer or authority under the Act. Section 1’31. provides for revision by bovernment either suo moto or on an application from any peison interested. Section 132 of the Ediac’at ion Act provides for review by the State Government either suo moto or on an application received frnm any person —: 2 :— interested. The Government is also vested with the power to give direction under Section 113 of the Said Act to make enquiry or take appropriate proceeding by the Commissioner or Directot or any other officer not below the rank of District Educational Officer and to submit report. Thus. the Education Act provides for appeal revicion and raview in respct of ant’ order and in the absence of any order • the Government can be moved for issuing necessary direction in e,cercise of its power under c.ction 133 and the etaff can avail the said remedies. Even with regard to payment of salary, what is stated above with regard to the teaching and non-taaching staff applies the other staff also. Without exhausting such alternative remedy, they csnnot be permitted to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitutf, * 4. For the aforesaid reasons the writ petition is dismissed on the ground of availability of efficacious and effective alternative remedy. However, all the rights and contentions of the parties on merits are kept open for being agitated before the appropriate statutory authorities If so advised, the petitioner may avail his statutnry remedy by way of filing appeal / revision / application as the care may be under the Act within SIX WEEKS from today and in the event of filing of the .jam€, the concerned authoritie will dispose of such appeal / reviwion / application within THREE months from the date filing thereof. If my such remedy has already been availed. thn the same should be disposed of within THREE months from the date of communication of this order. b-a/ JUDGE