IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 3016 of 2009(H) PETITIONER: THE CORPORATE EDUCATIONAL AGENCY ARCH DIOCESE OF VERAPOLY, ST.ALBERTS H.S.S. CAMPUS ERAKULAM, KOCHI-682018, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL RESPONDENTS: 1. SECRETARY TO GOVERNMENT(GENERAL EDUCATION), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 5. MARY.P.M., W/O.NAISAL GEORGE, RESIDING AT.BOMBAY NIVAS MARIAKUTTY JOHN ROAD, ERNAKULAM. 6. A.D.ANTONY, H.S.A.(SS), ST.ALBERT'S H.S.S., ERNAKULAM 7. SMT.JULIE K.J., CHAMPADY HOUSE, PUSHKARA ROAD, VADUTHALA PO., KOCHI-23. SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3016 OF 2009 H ------------------------------------------------------ Dated this the 2nd February, 2009 JUDGMENT Challenging Ext.P3 order dated 23.10.2007 passed by the District Educational Officer, the fifth respondent filed appeal before the Deputy Director of Education. The Deputy Director of Education allowed the appeal by Ext.P10 order dated 10.12.2008. The relief prayed for by the petitioner is to quash Ext.P10 order. The petitioner has the right to file a statutory Revision under Rule 92 Chapter XIVA of the Kerala Education Rules before the Government challenging Ext.P10 order. The petitioner has not exhausted the statutory remedy. Normally, a Writ Petition would not be entertained under Article 226 of the Constitution of India if the petitioner has not exhausted the statutory remedy. There is no exceptional circumstance to entertain the Writ Petition when the petitioner has not exhausted the alternate remedy. Leaving open the right of the petitioner to challenge Ext.P10 order in accordance with law, the Writ Petition is closed. (K.T.SANKARAN) Judge ahz/