IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 8266 of 2009(C) ------------------------------------ PETITIONER(S): ------------------------ REJINI JOHN, AGED 32 YEARS, W/O. REV. FR. BINU THOMAS, MARTHANDAPURAM, PERAYAM, MULAVANA.P.O, KOLLAM, (NOW WORKING AS H.S.A (MALAYALAM) JM HS, KODUKULANJI) BY ADVS. MR.M.T.SURESHKUMAR MR.R.RANJITH RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDCUATIONAL OFFICER, MAVELIKKARA. 5. THE MANAGER, CATHOLICATE AND M.D SCHOOLS, DEVALOKAM, KOTTAYAM - 38. SR. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------------- W.P(C) No. 8266 of 2009 -C ---------------------------------- Dated this the 16th day of March, 2009. J U D G M E N T The petitioner is a teacher in the aided high school managed by the fifth respondent. She was appointed as HSA (Malayalam) in the fifth respondent's school against an additional post anticipated to arise during the academic year 2003-04 by Exhibit P1 order dated 15.7.2003. The said appointment was approved with effect from 15.7.2003 onwards. The additional post sanctioned for the academic year 2003-04 continued in the subsequent academic years also. However, in the staff fixation order passed by the District Educational Officer, Mavelikkara for the academic year 2008-09, the post of HSA (Malayalam) held by the petitioner was abolished. The Manager thereupon moved the Deputy Director of Education inter-alia requesting that the post of HSA (Malayalam) held by the petitioner may be restored. The said appeal was rejected by Exhibit P2 order dated 17.11.2008. Aggrieved by Exhibit P2 she filed this writ petition. W.P(C) No. 8266 of 2009 -C 2 2. Rule 12E of Chapter XXIII of the KER stipulates that a revision petition shall lie to the Director of Public Instruction against the order passed by the Deputy Director of Education under the said chapter. A reading of Exhibit P2 indicates that it was passed by the Deputy Director of Education under Chapter XXIII of the KER. Therefore the petitioner has effective and alternative remedy. She has approached this Court without availing the said remedy. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing a revision petition before the Director of Public Instruction within three weeks from today, the Director of Public Instruction shall entertain the same and dispose it of after affording the petitioner and the fifth respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No. 8266 of 2009 -C 3