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2025 Supreme(Online)(Ker) 55750

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
NITHIN P. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 44513 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.JOHNY K.GEORGE, SMT. ATHULYA MARTIN, SRI. SONY P.G.
For the Respondents: SMT.PRINCY XAVIER,SENIOR GOVERNMENT PLEADER, SRI.M.R. VENUGOPAL, STANDING COUNSEL

Judicial review is not maintainable where an alternate remedy exists under the Administrative Tribunals Act, 1985.

Headnote:This writ petition arises from an applicant for the post of Forest Driver challenging G.O.(P) No. 85/2025/Finance on redeployment of drivers into the Forest Department. The court finds the issue pertains to a service matter under the Government of Kerala, emphasizing that the petitioner has an alternate remedy under the Administrative Tribunals Act, 1985. Therefore, the court dismisses the writ petition, allowing the petitioner to seek remedies before the appropriate Tribunal.

Table of Content
1. challenge to government order regarding recruitment (Para 1)
2. exhaustion of alternate remedies under administrative law (Para 2)

JUDGMENT Dated this the 5th day of December, 2025 The petitioner, an applicant for the post of Forest Driver pursuant to the notification dated 04.04.2018, has filed this writ petition seeking the following reliefs:–

1. Issue a writ of certiorari quashing G.O.(P) No.

85/2025/Finance dated 04.07.2025 to the extent it permits redeployment of drivers into the Forest Department or affects posts notified under Category No. 120/2017.

2. Declare that posts of Forest Driver can be filled only through recruitment in accordance with PSC notification and statutory qualifications, and not through redeployment of unqualified drivers.

3. Issue a writ of mandamus restraining respondents from redeploying any driver to Forest Department.

4. Direct the respondents not to alter or disturb the 35 provisional vacancies reported to the PSC pursuant to the High Court’s interim order.

5. Grant interim orders staying the operation of the impugned G.O. in so far as it relates to redeployment to the Forest Department, and staying any posting orders issued based on it.

2. Going through the pleadings and prayers made by the petitioner, I find that the issue agitated relates to service matter under the Government of Kerala. If that be so, the petitioner has an alternate remedy under Section 15 of the Administrative Tribunals Act, 1985 . A writ petition is not maintainable.

In the circumstances, the writ petition is dismissed, granting liberty to the petitioner to approach the appropriate Tribunal, if the petitioner is so advised.

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