ARSHAN P.ALBERT Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner impugns Exts.P2, P4 and P5 as per which, the approval of his appointment, with effect from 15.07.2018, as the Upper Primary School Teacher (UPST) in the P.R.W. Higher Secondary School, Kattakkada, managed by the 5th respondent, has been rejected. He seeks a consequential direction to the official respondents to approve his appointment in preference to his juniors in the category of UPST, leading to his promotion as HST (English), as and when vacancy arises in the said cadre. He, however, concedes that he has preferred Ext.P9 statutory Revision before the 2nd respondent, under the provisions of Rule 8A, Chapter XIVA of the Kerala Education Rules (KER for short); and alternatively prays that the same be be directed to be taken up and disposed of at the earliest, adverting to Exts.P7,P8 & P10 to P15.

(2.) In response to the afore submissions made on behalf of the petitioner by his learned counsel, Sri.M.Sajja, the learned Senior Government Pleader, Smt.Nisha Bose, 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.P9 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.

(3.) When I consider the afore submissions, it is without doubt that even though the petitioner has 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, he has invoked his alternative statutory remedy by preferring Ext.P9 Revision 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.