ANU REJI PANJIKATTIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to be an Upper Primary School Assistant in the St.Philomina's High School, Ernakulam, which is managed by the 4th respondent-Corporate Manager, has approached this Court impugning Exts.P2,P4 and P5, which are the orders of the various Educational Authorities denying approval of her appointment; thus seeking a consequential direction to the 3rd respondent- District Educational Officer to do so, within a time frame to be fixed by this Court.

(2.) The petitioner, however, through her learned counsel, Sri.M.Sajjad, concedes that the Manager of the School has already preferred a Statutory Revision with respect to her approval before the Government, under the provisions of Rule 92 Chapter XIVA of the Kerala Education Rules (KER for short), a copy of which has been placed on record as Ext.P13 and prays that the same be directed to be taken up and disposed of at the earliest adverting to Exts.P14 and P15.

(3.) In response, the learned Government Pleader, Smt.Nisha Bose, submitted that since the Manager of the school has already invoked her alternative statutory remedy, this Court may not consider her contentions on its merits and permit the competent Secretary of the Government of Kerala to consider Ext.P13 statutory Revision as per law. She further prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave to the competent Authority to take a final decision thereon as per law.