/ IN THE HIGH COURF OF KRNATAKA AT BANGLOPE DATED THIS THE 18TH DAY OF JUNE 1998 BEFORE THE HON’BLE MR .JTI G .C .BHARUKA wrr No.12614 OF 1995 BETWEEN: Mudalgi Education Society, Mudalgi, Gokak Taluk, Belciaiin District, represented by its Chairman Sri R..P .Lankeppannavar, s/o ‘ appa, age: ma jor, r/o tudalgi, Gokak Taluk. •.PETT!IONER (By Sri .0 .i.? .Josh 1, dv.) 1. The State of Karnataka, rep. by its Secretary, Education Department, M .5 .Buildi ncr, Bangalore. 2. The Director of PrUniversity Board, Palace Road, Banaalore. 3• RB.Ganqareddy, Lecturer in Pol.Science, S.S.R. Composite Jr.College, Muci3algi, Be1gaxn, 4. Eshwar, Lecturer in Geograpy, working as Principal, S.S.R. Canposite Jr.College, algi, Belgaumn. •.RESPONDENTS (By Sri G.Papi Red5y,IGA for ?-1 & R-2; By Sri Suresh S.Joshi,Mv.for R.-3) Jrit Petition is filed under Artjc1e 226 and 227 of the Constitution of India praying to direct the respondents to approve the appointment to the post of Principal only on the basis of seniority-cim.nierit as per the Goverrnent Order and also direct the respondents to consider the seniority list which has been sent by the petitofler In accordance with law and for such other re1i This petition coining on for orders this day, the Court made the fo] lowing: ORDER . . •: I : T.P.12614/% ORDER Heard the learned counsel for the aetitioner and tire. V Vidya. learned Her G P. for the reqpoents 2. The petitioner Is an amploy.e of a Private Educational ln.’tItutlc i. The relief claimed by him in the present writ petition pertain, to his employment. The Division Bench of this Court in I4.A No 1873 to 1816/95 and connected matters (DO 30.O5.198) ha 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 matter and servant between the government and the person like the petitioner come• into being and therefore, the writ petition filed by such an employee is not maintainable under Article 276 of the constitution of Tndira •ince he has effective, efficacious and Alternative statutory remedieq available under the Karnataki Fdiratfon Act t93 (in short ‘the Act’) 3 In paraqrsph 12 of the Judgm”nt it has beet h id 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 Educat ion Act against an order of dismissal or removal from service or reduction in rank Under Section 110, appeal is provided •gainst any or’ 1 er passed by an officer or authority under the Act Section t3t orovides for revision by Government either suo moto or on an application from any person interested cect ion 11 of the Fd,,tation Act arovides for review by the ctate Government either •.so moto ni on an appliration received From any peron interested. The 6ovrnment is alo vested with the power to give direction under Section 133 of the Said ct to make eno1iry or take appropriate proceeding by the Commissioner or Director or any other officer not below the rank of District Educational Officer and to submit report. Thus, the Education ct provides for appeal, revision and review in respect of any order end in the absenca of any order, the overnrnen1* can he mo ed for issuing neesser/ dirction in exercise cf its roer under cection 133 and the taff can avail the aid remedies Even with regarH to paym’nt of salary what is tated above w’th regard to the teaching and ncnteachna etaff ape 1 ice t-h othor staff cisc’ LJitout exhauting uch alterrativc remedy. they cannot he cermit-ted i- invoke th extraordinary jurisdiction of this Court under 4rtic]e 226 of the Constitt ion 4 For the aforesaid reacons the writ petition is dismissed on the ground of availability of efficacious and effective alternative remedy. However, ci) the rights and contentions of he parties on merits are kept open for being agitated before the appropriate statutory authorities. If so advised, the petitioner may avail his statutory remedy by wc’v of filing appeal / revision / cçplicton a. the raec may he under the 4t wthin SIX WFF from today and in the event )f filing of the am th ooncr rd authoritie’ will dicpose of such coped / revision / app1Ic3tion within THREE months frarn the date filing thereof If cry such ‘emedy hc 1rccd” been availed, then the same ehould be diposed of within THREE months from the date of communication of this order. Sd! JUDGE