IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WA.No. 1764 of 2008 ----------------------------- JUDGEMENT IN W.P.(C).NO.23980/2008 .................... APPELLANT/ PETITIONER: -------------------------------------- N.MAHENDRAN NAIR, AGED 52 YEARS, S/O.RAGHAVAN NAIR, UPPER PRIMARY SCHOOL ASSISTANT, KUNNAMANGALAM A.U.P.SCHOOL, RESIDING AT NANGARATH HOUSE (SREEPADAM) PO.KOTTOR, VIA, NADUVANNUR, KOZHIKODE. BY ADV. SRI.M.V.BOSE, SRI.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. ASST.EDUCATIONAL OFFICER, KUNNAMANGALAM. 3. MANAGER, KUNNAMANGALAM A.U.P SCHOOL, P.O.KUNNAMANGALAM, KOZHIKODE. 4. T.D.MOIDEEN, ARABIC TEACHER, KUNNAMANGALAM A.U.P SCHOOL, P.O.KUNNAMANGALAM, KOZHIKODE. BY GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- W.A.No.1764 OF 2008 ------------------------------------- Dated 26th August, 2008 JUDGMENT Koshy,J . The contention of the appellant is that he is entitled to be promoted as Headmaster of the school in preference to the fourth respondent as he is senior and he is fully qualified, but, by Ext.P6 order, the Assistant Educational Officer held otherwise. He approached this court. The learned single Judge did not consider the matter on merit and refused to exercise the discretionary jurisdiction vested under Article 226 of the Constitution of India in view of the alternate remedy available to the petitioner under Rule 92 of Chapter XIV-A of the Kerala Education Rules. Learned Government Pleader pointed out that there is more effective remedy under Rule 44 of Chapter XIV-A of the Kerala Education Rules and the petitioner has to file second appeal to the next higher authority. Since we cannot say that dismissal of writ petition for an existence of alternate remedy is illegal so as to warrant interference in an intra-court appeal, we make it clear that petitioner can avail remedy under Rule 44 of Chapter XIV-A of K.E.R and if he files an appeal within one month from today, the appellate authority shall consider the appeal on merit and dispose of the matter within two months from the date of W.A.1764/2008 2 receipt of the appeal, with notice to the appellant and all affected parties i.e., 4th respondent as well as the Manager of the School. The appeal is disposed of accordingly. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks