IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7064 of 2009(C) ---------------------------------------- PETITIONER(S): ------------------------- P.P.SEBASTIAN , H.S.A, (MATHS), A.K.M. HIGH SCHOOL POYYA, POYYA P.O., 680 733, TRICHUR DISTRICT. BY ADV. MR.JOSHI N.THOMAS RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETATRIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, THIRUVANANTHAPURAM 695 012. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE D.E.O., IRINJALAKUDA. 4. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, EDUCATION, COLLECTROAT, THRISSUR 5. THE MANAGER, A.K.M. HIGH SCHOOL, POYYA, THRISSUR. 6. P.M. ARAVINDAKSHAN, H.S.A (SANSKRIT) A.K.M. HIGH SCHOOL, POYYA, THRISSUR. 7. C. G.VALSALA, H.S.A., (MALAYALAM), A.K.M. HIGH SCHOOL, POYYA, THRISSUR. BY GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.7064 of 2009 -------------------------------------- Dated 5th March, 2009 JUDGMENT The petitioner is a teacher working in the fifth respondent's school. He has filed this writ petition aggrieved by the rank and seniority assigned to respondents 6 and 7, above him in Ext.P4 seniority list approved by the District Educational Officer. Incidentally he also challenges the appointment of the sixth respondent as Chief Superintendent for the S.S.L.C. Examination commencing on 11.3.2009. 2. Rule 38(2) of Chapter XIV A of the Kerala Education Rules entitles the petitioner to file an appeal, challenging Ext.P4 seniority list. The petitioner has as a matter of fact filed Ext.P5 appeal before the Deputy Director of Education challenging the rank and seniority assigned to respondents 6 and 7 in Ext.P4 seniority list. Since the petitioner has an effective and meaningful alternate remedy by way of an appeal and has also invoked the said remedy, I am of the opinion that he should pursue the said remedy instead of seeking the intervention of this Court at this stage. 3. The petitioner has a further grievance regarding the appointment of the sixth respondent as Chief Superintendent for the S.S.L.C. Examination commencing on 11.3.2009. By Ext.P7, the District Educational Officer has appointed the sixth respondent as the WP(C).No.7064/2009 2 Chief Superintendent for the S.S.L.C. Examination commencing on 11.3.2009. The petitioner's claim for appointment as Chief Superintendent would depend on the petitioner succeeding in Ext.P5 appeal. As matters now stand, the sixth respondent is senior to the petitioner. In any case, as the S.S.L.C. Examination is to commence on 11.3.2009, it would not be desirable in public interest to upset the appointment of the sixth respondent as the Chief Superintendent. In these circumstances, I dispose of this writ petition with a direction to the Deputy Director of Education, Thrissur to consider Ext.P5 appeal and pass orders thereon after notice to and affording the petitioner and respondents 6 and 7 a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment before the Deputy Director of Education, Thrissur. It is clarified that the appointment of Headmaster if any made, based on Ext.P4 seniority list will be subject to the outcome of the appeal filed by the petitioner challenging Ext.P4 seniority list. The Deputy Director of Education shall after orders are passed as directed above, communicate copies thereof to the petitioner and respondents 5 to 7. The writ petition is disposed of as above. P.N.RAVINDRAN Judge ab