IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 37373 of 2008(Y) PETITIONER: --------------- SINDHU.K.K., UPPER PRIMARY SCHOOL ASSISTANT, CHETTIATH U.P.SCHOOL, PUTHUPPANAM, VATAKARA, KOZHIKODE DISTRICT, RESIDING AT CHAITHANYA HOUSE, PALAYAD NADA, VATAKARA, KOZHIKODE DISTRICT, BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, VATAKARA. 4. THE ASSISTANT EDUCATIONAL OFFICER, VATAKARA SUB DISTRICT. 5. THE MANAGER, CHETTIATH U.P.SCHOOL, PUTHUPPANAM, VATAKARA, KOZHIKODE DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 37373 OF 2008 Y ------------------------------------------------------ Dated this the 1st January, 2009 JUDGMENT Petitioner challenges Ext.P7 order passed by the Assistant Educational Officer, Vatakara, by which he declined approval to the appointment of the petitioner as Upper Primary School Assistant. Petitioner submits that the order passed by the Assistant Educational Officer is contrary to Ext.P6 order dated 10.6.2008, passed by the Additional Director of Public Instruction. I am not going into the contention raised by the petitioner on the merits. Ext.P7 order is appealable under Rule 8(5) of Chapter XIVA of the Kerala Education Rules. Since an effective alternative remedy is available to the petitioner, it is not proper to entertain the Writ Petition at this stage. In the facts and circumstances of the case, the Writ Petition is dismissed without prejudice to the rights of the petitioner to avail the statutory remedy. (K.T.SANKARAN) Judge ahz/