DINESAN P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is stated to be working as an Upper Primary School Teacher at the Ramaguru U.P. School, Kannur, of which the 6th respondent is the Manager and he has approached this Court impugning Ext.P16 as per which, his appointment has been refused approval; thus seeking a direction to the 5th respondent to grant him the same with the initial dates of his appointment.

(2.) The petitioner, however, concedes that he has already preferred Ext.P17 Statutory Revision before the 1st respondent - State of Kerala, under Rule 92, Chapter XIVA of the Kerala Education Act and Rules (KER for short); and he alternatively prays that the same be directed to be taken up and disposed of at the earliest.

(3.) In response to the afore submissions made on behalf of the petitioner by his learned counsel, Shri.Dinesh Kumar K., the learned Government Pleader, Shri.Unnikrishna Kaimal, submitted that since the petitioner has already invoked his alternative statutory remedy, this Court may not consider his contentions on its merits and permit the competent Secretary of the Government of Kerala to consider Ext.P17 Statutory Revision as per law. He 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.