IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 6370 of 2009(M) ----------------------------------- PETITIONER(S): --------------------- USHA LOUIS L, HEADMISTRESS, LEO XIII, HIGHER SECONDARY SCOOL, PULLUVILA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT HIGHER EDUCATION (L) DEPT. SECRETARIAT, THIRUVANANTHPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD, BUILDINGS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. MANAGER, LEO XIII HIGHER SECONDARY SCHOOL, PULLUVILA P.O., THIRUVANANTHAPURAM. 5. SHALET MORAIS, HIGHER SECONDARY SCHOOL TEACHER, LEO XIII HIGHER SECONDARY SCHOOL, PULLUVILA P.O.,THIRUVANANTHAPURAM. GOVT. PLEADER MR. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.6370 of 2009 ===================== Dated this the 4th day of March, 2009. JUDGMENT The petitioner is the Headmaster of a recognised aided Higher Secondary School. She was placed under suspension by the Deputy Director of Education, Thiruvananthapuram by Ext.P2 order dated 9.2.2009 invoking the power under Section 12A (2) of the Kerala Education Act. Rule 79 of Chapter XIV A of the Kerala Education Rules provides that a teacher may appeal against an order of suspension to the authority to which the authority which made or is deemed to have made the order is immediately subordinate. The order of suspension was passed by the Deputy Director of Education. Therefore an appeal will lie to the Director of Public Instruction who is the next immediate superior authority. The period of limitation for filing an appeal has also not expired. Since the petitioner has an effective alternate remedy, I am of the opinion that she should be invoke that remedy before moving this Court under Article 226 of the Constitution of India. Therefore, without prejudice to the petitioner's contentions and her right to file an appeal from Ext.P2 before the Directer of Public Instruction, this Writ Petition is dismissed. P.N.Ravindran, Judge. ess 13/3