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. 8240 of 2009(Y) --------------------------------------- PETITIONER(S): ------------------------ MILCY.K.P., U.P.S.A., FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPPADY, MAUVATTUPUZHA. BY ADV. MR.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. DISTRICT EDUCATION OFFICER, KOTHAMANGALAM. 3. MANAGER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPPADY, MUVATTUPUZHA. 4. P.T.POULOSE, HEADMASTER, FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL, PUTHUPPADY, MUVATTUPUZHA. 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. 8240 of 2009 -Y ----------------------------------- Dated this the 16th day of March, 2009. J U D G M E N T Heard Sri.Elvin Peter, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 3 and 4. 2. The petitioner has filed this writ petition challenging Exhibit P6 order dated 2.2.2009 passed by the District Educational Officer, Kothamangalam, declining to approve her appointment as UPSA in the school managed by the third respondent. The petitioner has also prayed for a writ in the nature of mandamus commanding the District Educational Officer, Kothamangalam to approve her appointment. 3. Rule 8A of Chapter XIV A of the KER empowers the Director of Public Instruction to revise orders relating to approval of appointment issued by subordinate officers. The petitioner thus has an effective alternative remedy to challenge Exhibit P6 and seek W.P(C) No. 8240 of 2009 -Y 2 approval of her appointment. Instead of resorting to the said remedy, she has moved this Court under Article 226 of the Constitution of India. Since the petitioner has an effective alternative remedy, I am not inclined to entertain this writ petition. 4. Further, there exists a dispute regarding the right to manage the Fr.Joseph Memorial Higher Secondary School, Puthuppady where the petitioner was appointed as UPSA. I have by judgment delivered on 2.3.2009 in W.P(C)No.6417 of 2009 directed the Director of Public Instruction to resolve that dispute. Since the Director of Public Instruction is inquiring into the management dispute and the petitioner's appointment has been declined also for the reason that there is a management dispute, I am of the opinion that the petitioner should move the Director of Public Instruction. 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 challenging Exhibit P6, within three weeks from today, the Director of Public Instruction shall hear the petitioner, the rival claimants who claim he right to manage the school and take a decision thereon. Final orders in the matter shall be passed within three months from the date on which the W.P(C) No. 8240 of 2009 -Y 3 petitioner files a revision petition as directed above. The Director of public Instruction shall after orders are passed in the matter, communicate copies thereof to the petitioner and the Manager of the school. The writ petition is disposed of as above. P.N.RAVINDRAN JUDGE ab