IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 3210 of 2010(A) ------------------------- PETITIONER(S): --------------- DILEEPKUMAR.P.S., PERUMPRAYIL, RAMAPURAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, VOCATIONAL HIGHER SECONDARY EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE MANAGER, SREE KRISHNA VOCATIONAL HIGHER SECONDARY SCHOOL, KURICHITHANAM-686 634, KOTTAYAM. BY G.P.SRI.DILIP MOHAN FOR R1 & R2 ADV. SRI.K.M.JAMALUDHEEN FOR R3 SMT.LATHA PRABHAKARAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE NOTIFICATION APPEARED IN THE MALAYALA MANORAMA DAILY DATED 18/11/2009. EXT.P2: TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE MAHATHMA GANDHI UNIVERSITY. EXT.P3: TRUE COPY OF THE MASTER'S DEGREE CERTIFICATE ISSUED BY THE MADURAI KAMARAJ UNIVERSITY. EXT.P4: TRUE COPY OF THE MARK LIST EVIDENCING THE MARKS OBTAINED BY THE PETITIONER IN M.A. EXT.P5: TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED BY THE KERALA UNIVERSITY. EXT.P6: TRUE COPY OF THE B.Ed. CERTIFICATE ISSUED BY THE M.G.UNIVERSITY. EXT.P7: TRUE COPY OF THE M.Ed CERTIFICATE ISSUED BY THE M.G.UNIVERSITY. EXT.P8: TRUE COPY OF THE CALL LETTER DATED 15/12/2009. EXT.P9: TRUE COPY OF THE COMMUNICATION DATED 20/01/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT ON 21.01.2010. EXT.P11: TRUE COPY OF THE JUDGMENT IN W.A.NO.2972/2007. EXT.P12: TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.7103/2009. RESPONDENTS' EXHIBITS: EXT.R3(a): TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION DATED 29/07/2009. EXT.R3(b): TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION DATED 16/10/2009. // TRUE COPY // TKS C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.3210 of 2010 ---------------------------------------- Dated 10th August, 2010 JUDGMENT The petitioner was selected for appointment as Non Vocational Teacher in English under the third respondent's school. The said selection was declined to be approved on the ground that the degree possessed by the petitioner is not one obtained after a regular course of study. Citing the said reason, as per Ext.P9 dated 20.1.2010, the third respondent was intimated that the appointment of the petitioner as Non Vocational Teacher in English could not be approved. Ext.P10 is the consequential order issued by the third respondent in terms of Ext.P9. It is challenging Exts.P9 and P10 orders passed respectively by the 2nd and 3rd respondents that this writ petition has been filed by the petitioner. Consequential reliefs have also been sought for. 2. The qualifications prescribed for appointment to the post of Non Vocational Higher Secondary School Teacher in English are as follows: “(i) Post Graduate Degree in English with not less than 50% marks awarded by any of the Universities in Kerala or an equivalent qualification. (ii) (1) B.Ed. degree in the concerned subject acquired after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent WP(C).No.3210/2010 2 thereto by a University of Kerala. (2) In the absence of persons with B.Ed. Degree in the concerned subject, B.Ed. Degree acquired after a regular course of study in the concerned faculty as specified in the Acts and statutes of any of the Universities in Kerala. (3) In the absence of persons with B.Ed. Degree as specified in item (1) and (2) above, persons with B.Ed. Degree in any subject, acquired after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent thereto by any of the Universities in Kerala. (iii) Must have passed the State Eligibility Test for the post of non-Vocational teacher conducted by Government of Kerala or by the agency authorised by the State Government.” 3. The contention of the petitioner is that in the light of Ext.P5 eligibility certificate and also in the light of Exts.P11 and P12 judgments of this Court, Exts.P9 and P10 are liable to be set aside. Ext.P3 is the Master's Degree certificate possessed by the petitioner. It would reveal that the petitioner had pursued his studies in Madurai Kamaraj University under the distance education stream and came out successful with more than 50% marks in M.A. English. Ext.P5 would reveal that the said Master's Degree awarded by the Madurai Kamaraj University under the distance education stream has been declared as equivalent to the M.A. Degree awarded by the Kerala University. The qualifications prescribed for the aforesaid post as extracted above would reveal that the post-graduate degree in English with not less than 50% marks awarded by any of the universities in Kerala or an WP(C).No.3210/2010 3 equivalent qualification is prescribed as one of the qualifications. In fact, the appointment of the petitioner was declined alleging that the post graduate degree in English possessed by him is not one obtained after a regular course of study. However, a perusal of Ext.P5 would reveal that the said objection made as per Ext.P9 is unsustainable for the reason that the P.G. Degree obtained by the petitioner from the Madurai Kamaraj University under the distance education stream has been declared as equivalent to the M.A. Degree awarded by the Kerala University. Therefore, I am of the considered view that the objection raised as per Ext.P9 cannot be sustained. In fact, identical cases have been dealt with by this Court in Exts.P11 and P12 judgments. In the light of Exts.P11 and P12 judgments and also the position obtained in the light of Ext.P5, I am of the considered view that Ext.P9 is liable to be set aside and I do so. Once Ext.P9 is set aside, being a dependent order, Ext.P10 is also liable to be set aside and accordingly, it is set aside. As a result of quashment of Exts.P9 and P10, I declare that the petitioner is fully qualified and entitled to get appointment as Non Vocational Teacher in General Foundation Course. Therefore, the third respondent is directed to forward the order of appointment of the petitioner to the second respondent within a period of two weeks from the date of receipt of a copy of this judgment and the second WP(C).No.3210/2010 4 respondent, in turn, shall consider the question of approval of appointment of the petitioner in the light of the observations made in this judgment. Such orders shall be passed expeditiously, at any rate, within a period of one month from the date of receipt of a copy of the order of appointment of the petitioner from the third respondent. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS