IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 29052 of 2009(B) -------------------------------- PETITIONER: -------------- VAGHESE NINAN.M,MAVILA HOUSE, K.V.GARDEN-7, PEROORKADA.P.O, THIRUVANANTHAPURAM - 695005. BY MR.T.P.DEYANANTHAN, ADVOCATE. MR.A.V.RAMAKRISHNA PANICKER, ADVOCATE. MS.R.SEEMA, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,THIRUVANANTHAPURAM. 3. DY.DIRECTOR OF EDUCATION, PATHANAMTHITTA DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, DEO OFFICE,THIRUVALLA. 5. THE CORPORATE MANAGER,CMS SCHOOL, CSI DIOCESAN OFFICE,CATHEDRAL ROAD, KOTTAYAM, KERALA STATE. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.29052 OF 2009 --------------------------------------- Dated this the 15th day of October, 2009. J U D G M E N T This writ petition is filed challenging Exhibit P13 order passed by the District Educational Officer. The District Educational Officer passed Exhibit P13 order in the light of the directions issued by this Court in Exhibit P11 judgment wherein the said officer was directed to consider Exhibit P9 produced therein and pass orders after hearing the respective parties. 2. Presently, the District Educational Officer has directed the Manager to consider the appointment of the petitioner as part time Menial. The petitioner is claiming appointment to the post of Clerk. 3. The petitioner has got an effective statutory remedy by filing an appeal against the said order before the appellate authority or to file a revision petition before the competent W.P.(C) No.29052/2009 2 authority. Since there is an effective alternate remedy, I am of the view that the petitioner can avail of the said remedy. This writ petition is dismissed without prejudice to the right to avail the said remedies. It is made clear that I have not decided anything on the merits of the claim. T.R. RAMACHANDRAN NAIR JUDGE smp