MOLLY WILSON Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) The petitioner is working as a Pre-Primary School Teacher in Mount Bethany English Medium Higher Secondary School in Mylapra. The grievance of the petitioner is against the termination of her service. The contention of the petitioner is that it is a recognized unaided private school and therefore, she should not have been terminated from service without adhering to the procedures prescribed under the Kerala Education Rules. The prayer is for a direction to the first respondent viz., the District Educational Officer to consider and dispose of Ext. P3 representation submitted by her raising grievances against the termination from service. The question is whether the contention of the petitioner that her service conditions are governed by the provisions under the Kerala Education Rules and more particularly under R.3 of Chapter IX-AA of the Kerala Education Rules is tenable. A perusal of Chapter II of the K.E.R. would reveal that the schools for general education are classified into two groups viz., Primary and Secondary. Going by the scheme of Kerala Education Act and the Kerala Education Rules a Pre-Primary school does not fall within the classification of schools under Chapter II K.E.R., The petitioner could not bring to my attention any provision under the K.E.R. to support her contentions that the provisions under the K.E.R. are applicable to her. Admittedly, the petitioner is a Pre-Primary teacher. In the said circumstances I have no hesitation to hold that this Writ Petition under Art. 226 of the Constitution of India is not maintainable and therefore the petitioner has to work out other remedies to redress her grievances against termination from service. Subject to the said observation this Writ Petition is dismissed as not maintainable.