() I N THE H IGH COURP OF K’RNAP KA AT Btir .LORF )TFD PH T I€ 18TH D OF JUIE I 99 BE FORE THE HON’BLZ LP .JUETIc G .C.BHiSJJI<A POF° BETWEN: Eri A.Naqbool hrned, aged about 57 years, s/o Late Lohanimed Threhim c,, Senior Assistant vaster, Hjah School, Bangalore—560 047. ,,PIT10R (By Sri .S.Narayana, kv.) 1. The B.A..M.ducational Society, Bangalore—560 042, represented by its Honorary Secretary. 2. The )eputy Director of Lublic Instructions, Banoalore North, Banqelore—2. 3. Sri ‘ ,Surendra, I ajor, He Kastr (Incharge), High School, Bangalnre560 042, ,,RESPODENrS (By Sri G .Papi ety, ACA for R... 2; By Sri Vasanthe Ftiner, dv.for R—1 R—3) Writ Petition is filed under Articles 226 a 227 of the constitution of India prayinq to direct R-I and R2 to consider the case o the petitioner for promotion to the post of the Headmaster in the present vacancy and grant him the benefits with retrospective effect. This petition coming on for orders this day, the Court made the following: ORE R I —2.- ORDER The petitioner is a Senior Assistant Master in the educational institution run by the first recmdent-Soc ••. iety. HE. is aggrieved by the ord€..r passed by the 2nd respondent-The Deputy Director of Public Instructions and requires a direction by this Court for his promotion to the post of Head Master, 2. In view of the jgment of the Division Bench of this Court i W.1.Nos.1833 to 1836/95 nd other connected appeals, disposed of on 30.5.1998, this writ petition is not aintainable, The petitioner has to resortA pare 12 of the judgment which reads: “s regards the locus standi of the staff working in the aforesaid educational institutions, to maintain the wt petitions, they have got the medy of appeal under Section 24 of the Ethation ?t against an order of dismissal or removal fran service or reduction in rank. nder Section 130, appeal is provided acainst arr order passed by an Officer or authority under the t, Section 131 provides for revision by Government either suo moto or on an application from ai person interested, Section 132 oc the Zucaton t provides for review by the State Government either suo rnoto or on an application received from ar person interested. The Government is also vested with the power to give direction under Section 133 of the said t to make enqui or take appropriate proceeding by the Commissioner or Director or arr other Officer not bclow the rank of District Educational Officer and to simit report. Thus, the —3— Eduction Lct provides or arpeal, revision and review in respect of any order end n the absence of any order, the Government can be moved for issuing necessary direction in exrcise o its power under Section 13 and the staf can avail he said rerneies. Even with regard to payment o salary, what IS stated above with regard to the teachi’a and non—teaching staff aoplies to the other staff also. WIthout exhausting such alternative remedy, they cannot be pennitted to invoke the extraord nary jurisdiction of this Court uer Article 226 of th COfl5tjtUtjOfl.d 3. In the said view of the matter, the writ petition is dismissed with liberty to the petitioner to avail the remedy opn to him under the ct. If any such appeal, revision or application for irection is filed before the authorities under the $iX Wek 3 said 1ct within then the same should be disposed of after hearing the m’nagenient within three months of the filing of the sre. r’ Sd! I JUDGE Q .j