IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34886 of 2010(I) PETITIONER: --------------- PRIYA BABY, D/O. BABY MATHEW, PUTHUPPARAMBIL HOUSE, CHEMPAKAPPARA.P.O, KATTAPPAN -685 510, IDUKKI DISTRICT. BY ADV. SRI.RAJESH VIJAYENDRAN RESPONDENTS: --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KATTAPPANA, IDUKKI DISTRICT, PIN- 685 510. 2. THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA, IDUKKI DISTRICT, PIN- 685 510. 3. THE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IDUKKI, BISHOP'S HOUSE, KARIMPAN, MANIPPARA.P.O, PIN - 685 602, IDUKKI DISTRICT. 4. THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-1. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 34886 OF 2010 I ------------------------------------------------------ Dated this the 22nd day of November, 2010 JUDGMENT The petitioner was appointed as UPSA in St.Jacob's U.P.School, Bethel, Idukki, as per Ext.P1 order of appointment dated 1.6.2009. The proposal for approval of the appointment of the petitioner was rejected as per Ext.P2 order dated 29.1.2010, passed by the Assistant Educational Officer. The Manager filed appeal before the District Educational Officer, who dismissed the appeal as per Ext.P4 order dated 7.8.2010. Exts.P2 and P4 orders are under challenge in this Writ Petition. 2. The prayer in the Writ Petition is to issue a writ of mandamus commanding the first respondent, Assistant Educational Officer, to approve the appointment of the petitioner. Yet another prayer in the Writ Petition is to declare Ext.P5 Circular dated 19.11.2009 issued by the Government as illegal, arbitrary and contrary to the provisions of the Kerala Education Act and Rules. W.P.(C) NO.34886 OF 2010 :: 2 :: 3. Ext.P4 order is revisable under Rule 8A of Chapter XIV-A of the Kerala Education Rules. The petitioner has an effective alternative remedy. Therefore, I am of the view that it is not proper to entertain a Writ Petition at this stage. The fact that the petitioner has challenged a circular is not a ground to admit the Writ Petition. The learned Government Pleader submitted that the Circular was issued only to implement the relevant provisions in the Kerala Education Rules and the relevant Government Orders. It is unnecessary to consider in this Writ Petition the contentions put forward by the petitioner as well as the learned Government Pleader, since, the petitioner has an effective alternative remedy of Revision to challenge Ext.P4 order. For the aforesaid reasons, the Writ Petition is closed with liberty to the petitioner to file a Revision under Rule 8A of Chapter XIV-A of the Kerala Education Rules. (K.T.SANKARAN) Judge ahz/