LAWS(KER)-2020-10-318

PRIYAJA A. Vs. STATE OF KERALA

Decided On October 20, 2020
Priyaja A. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners, who are stated to be working as Teachers in the Sabari Higher Secondary School, Palakkad, under the management of the 5th respondent, impugn Exts.P1,P2,P4,P5,P6 and P7 orders to the extent to which it declines approval of their appointment on various grounds. They, however, concede that they have preferred Exts.P9 to P14 Revision before the Government under the provisions of Rule 92, Chapter XIVA of the Kerala Education Rules (KER for short); and alternatively prays that the same be directed to be taken up and disposed of at the earliest.

(2.) In response to the afore submissions made on behalf of the petitioners, Smt.Nisha Bose, learned Senior Government Pleader, submitted that since the petitioners have already invoked their alternative statutory remedy, this Court may not consider their contentions on its merits and permit the competent Secretary of the Government of Kerala to consider Exts.P9 to P14 statutory Revisions as per law. She further prayed that this Court may not make any affirmative declarations on the entitlement of the petitioners to any relief and leave to the competent Authority to take a final decision thereon as per law.

(3.) When I consider the afore submissions, it is without doubt that even though the petitioners have made various allegations and averments in this Writ Petition, the same cannot be looked into by this Court on its merits at this stage because, admittedly, they have invoked their alternative statutory remedy by preferring Exts.P9 to P14 Revisions before the Government of Kerala. I am, therefore, of the firm view that the said Authority must be directed to dispose of the same as per law.