High Court Kerala High Court

The Corporate Educational Agency vs State Of Kerala on 30 July, 2009

Kerala High Court
The Corporate Educational Agency vs State Of Kerala on 30 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21109 of 2009(G)


1. THE CORPORATE EDUCATIONAL AGENCY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. SECRETARY TO GOVERNMENT

3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

4. THE DEPUTY DIRECTOR OF EDUCATION,

5. THE DISTRICT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.BABY ISSAC ILLICKAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :30/07/2009

 O R D E R
                       T.R. Ramachandran Nair, J.
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                      W.P.(C) No.21109 of 2009-G
                   - - - - -- - - - - - - - - - - - - - - - - - - - -
                Dated this the 30th day of July, 2009.

                                 JUDGMENT

This writ petition is filed by the petitioner aggrieved by Ext.P14 order

passed by the Deputy Director of Education. As per the said order, the

petitioner is disqualified from the post of Manager in exercise of powers

conferred under Rule 7(2) of Chapter IIII read with Rule 8(8) of Chapter

XIV-A K.E.R. The petitioner had earlier approached this court aggrieved

by an earlier order passed by the Deputy Director of Education, viz. Ext.P7

herein. The said writ petition was dismissed as per Ext.P8 judgment

directing the petitioner to avail the statutory remedy. It was held by this

court that normally a writ petition would not be entertainable under Article

226 of the Constitution of India if the petitioner has not exhausted the

statutory remedy. In the light of the said judgment wherein the petitioner

itself is the writ petitioner, I do not find any reason to entertain this writ

petition which challenges Ext.P14 order passed by the very same officer. It

cannot be said that the remedy of revision under Rule 92 of Chapter XIV-A

K.E.R. is not efficacious, even though learned counsel for the petitioner

maintained that for violation of the various provisions of Rule 7 of Chapter

wpc 21109/2009 2

III K.E.R. this court can entertain the writ petition and adjudicate the matter.

The said aspect also can be considered by the revisional authority.

Therefore, the writ petition is dismissed, leaving open the remedy of

the petitioner to challenge Ext.P14 in accordance with law.

(T.R. Ramachandran Nair, Judge.)

kav/