IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 23181 of 2008(I) -------------------------- PETITIONER: ---------------------- MARIAMMA VARGHESE, W/O JOSE ANTONY, KURUMPIKKALIL SHIMLABHAVAN, KAITHA PARAMBU P.O., ENATHU,PATHANAMTHITTA DIST. BY ADV. SRI.B.MOHANLAL ADV. SRI.P.V.DILEEP RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 3. THE HOLY ANGELS ENGLISH MEDIUM HIGH SCHOOL, ADOOR, REPRESENTED BY ITS CORRESPONDENT OF UNAIDED SCHOOL, MALANKARA SYRIAN CATHOLIC ARCH DIOCESE, PATTOM PALACE P.O., THIRUVANANTHAPURAM. 4. THE LOCAL MANAGER, HOLY ANGELS ENGLISH MEDIUM HIGH SCHOOL, ADOOR, PATHANAMTHITTA DIST. BY GOVERNMENT PLEADER ADV. SHRI T.T. MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) 23181 OF 2008 ............................................................................ Dated this the 31st July, 2008 J U D G M E N T The petitioner states that she was working as teacher in Social Science from 16.11.1998 to 09.06.2007 in Holy Angels English Medium High School, Adoor, which is an un-aided institution under the control of respondent Nos. 1 and 2 and managed by respondent Nos. 3 and 4. She was sanctioned leave for the period from 07.06.2007 to 30.03.2008. According to the petitioner, when she returned after availing the leave, her request to permit her to re-join duty was not granted by respondent Nos. 3 and 4. 2. The reliefs prayed for in the Writ Petition are the following: “i) To call for the records leading to the petitioner's case from the 4th respondent. ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to reinstate the petitioner to the post of Teacher in Social Science in Holy Angels English Medium High School, Adoor with effect from 02.06.2008 and permit the petitioner to continue in the school uninterruptedly considering her seniority as provided under Chapter XIV-AA of Kerala Education Rules. iii) To declare that the petitioner is entitled to get reinstatement of service to the post of Teacher in Social Science in Holy Angels English Medium High School, Adoor with effect from 02.06.2008 considering her seniority as provided under Chapter XIV-AA of Kerala Education Rules. iv) Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” W.P.(C) 23181 OF 2008 2 I am not inclined to admit the Writ Petition because the petitioner is not entitled to straight away approach this court invoking Article 226 of the Constitution of India. The petitioner has to approach the educational authorities by making appropriate representations pointing out her grievances. If no action is taken on those representations, then only the petitioner can move this Court under Article 226 of the Constitution of India. Reserving the right of the petitioner to move the educational authorities and also reserving the right of the petitioner to approach this court when occasion arises, the Writ Petition is closed. K.T. SANKARAN, JUDGE. lk