IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 12140 of 2010(N) -------------------------- PETITIONER(S): --------------- P.G.MARY, AGED 54 YEARS, W/O.K.V.VARGHESE, HEADMISTRESS, GOVT.HIGH SCHOOL, ELOOR, KUTTIKKATTUKARA P.O., ELOOR. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA RESPONDENT(S): --------------- 1. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMETN OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF HIGHER SECONDARY EDUCATION, GOVERNMENT OF KERALA HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. BY G.P.SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:-COPY OF ORDER DTD.25.3.2008 EXT.P2:- COPY OF ELIGIBILITY CERTIFICATE DTD.24.5.2007 EXT.P3:- COPY OF COMMUNICATION DTD.19.5.2007 EXT.P4:- COPY OF COMMUNICATION DTD.13.8.08 EXT.P5:- COPY OF REPRESENTATION DTD.20.5.09 EXT.P6:- COPY OF JUDGMENT DTD.15.7.09 EXT.P7:- COPY OF ORDER DTD.18.12.2009 EXT.P8:- COPY OF REPRESENTATION DTD.29.3.10 EXT.P9:- COPY OF COMMUNICATION DTD. 6.6.10 EXT.P10:- COPY OF CERTIFICATE DTD.26.8.2010 EXT.P11(a):- COPY OF CONDUCT CERTIFICATE EXT.P11(b):- COPY OF CERTIFICATE ISSUED BY ST.JOSEPH'S TEACHERS COLLEGE, MYSORE RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).No.12140 OF 2010 ------------------------------ Dated this the 15 th day of October, 2010 JUDGMENT The petitioner is working as Headmistress in Government High School, Eloor. She claims to be one of the senior most teachers with more than 29 years of experience and who is qualified to be appointed as Principal of Higher Secondary School. As per Rule 5 of the Special Rules for the Kerala Higher Secondary Education State Service, the qualification for appointment as Principal by transfer is the following: “i) Master's Degree with not less than 50% marks from any of the Universities in Kerala or a qualification recognized as equivalent thereto by any University of Kerala. ii) B.Ed.Degree from any of the Universities in Kerala or a qualification recognized as equivalent thereto by any University in Kerala. iii) Minimum approved teaching experience of 12 years in Government Schools.” 2. The petitioner secured Master's Degree in Sociology from Madurai Kamaraj University with W.P.(C).No.12140 OF 2010 2 above 50% marks. According to the petitioner, the said degree is recognized by the University of Kerala as equivalent to M.A.Degree in Sociology. It is also contended that the petitioner obtained B.Ed.Degree from Mysore University and according to the petitioner, it is equivalent to the B.Ed.Degree of Kerala University. 3. It is submitted by the learned counsel for the petitioner that Departmental Promotion Committee (for short 'DPC') for preparing the select list of Principals of Higher Secondary Schools was convened on 29.9.2009 and 17.8.2010. According to the petitioner, the Equivalency Certificate for M.A.Sociology from Madurai Kamaraj University was also submitted along with the relevant papers for consideration of the DPC. However, the petitioner was not included in the select list. The petitioner made several representations. As per Ext.P6 judgment in WP(C) No.19445 of 2009, this court directed the W.P.(C).No.12140 OF 2010 3 respondents to consider the representation submitted by the petitioner. In compliance with Ext.P6 judgment, the first respondent passed Ext.P7 order dated 18.12.2009. The operative portion of Ext.P7 reads as follows: “The case has been examined with respect to the connected documents and argument notes. The selection of eligible persons for the appointment of Principals is the duty vests with the DPC (H) after going through the nodal provisions related to the selection of Government Officials to the select posts. As per the provision of Higher Secondary Education Special Rules, Masters Degree from a recognized University of Kerala is required for the promotion as Principals in Government Higher Secondary Schools. Hence it is obligatory to those who obtained Master's degree from a University outside Kerala State to produce the equivalency certificate. The petitioner was not considered for inclusion in the select list prepared as she has not produced the equivalency certificate for the Master Degree obtained from outside Kerala State. Hence, she is not eligible for inclusion in the Select List prepared by the DPC held on 24.10.2009. In the circumstances, the request of Smt.P.G.Mary in Ext.P4 representation cannot be considered and hence rejected.” 4. On receipt of Ext.P7 order, the petitioner submitted Ext.P8 representation wherein, it was W.P.(C).No.12140 OF 2010 4 stated thus: “In response to the above referred order I respectfully submit the following: I am a Headmistress in the Government High School, Eloor. I am entitled to be appointed as Principal of the Government Higher Secondary School by transfer. My claim for appointment as Principal has been rejected stating that I did not produce the equivalency certificate certifying the M.A.degree in Sociology obtained from Madurai Kamaraj University is equivalent to M.A.(Sociology) of Kerala University. In fact I had produced this certificate in a number of occasions. In fact I obtained the said certificate on 24.5.2007 after the first communication dated 19.5.2007 from Directorate of Higher Secondary School seeking confidential report of the candidates for the selection to the post of Principal came and the same was submitted at the Office of the Director, Department of Higher Secondary Education. When the confidential report was again sought in the communication dated 13.8.2008, the equivalency certificate was again furnished through the Office of the Deputy Director of Education, Ernakulam. Further on the date of first hearing I produced a copy of all my certificates namely M.A.degree, Mark List and Equivalency Certifiate through my lawyer Advocate Gopakumar at the Office of the Under Secretary as he was not present on that day. In the next hearing on 29.9.2009, my counsel appeared and made arguments on my behalf. It is submitted that the select list was prepared on 24.10.2009. The equivalency certificate having thus produced in a number of occasions was unfortunately ignored and for declining the appointment as Principal, the reason stated is that I have not produced the equivalency certificate. The said contention is without any bonafides. I however hereby once again forward the equivalency certificate and W.P.(C).No.12140 OF 2010 5 request your goodself to review the decision and appoi”nt me as Principal of the Higher Secondary School when my juniors have been posted as Principals, for which kind of action I shall ever be obliged.” 5. Thereafter, the petitioner received Ext.P9 communication from the office of the Director of Higher Secondary Education, directing her to submit attested copy of Equvalency Certificate from any of the Universities in Kerala to show that B.Ed.Degree from Mysore University is equivalent to the Degree of any of the Universities in Kerala. 6. The petitioner submitted Ext.P10, the Equivalency Certificate, in respect of B.Ed.Degree as well. It is stated that another communication dated 22.9.2010 was issued by the second respondent directing the petitioner to produce the records to prove that she obtained B.Ed.Degree by a regular study and not by a correspondence course. The petitioner forwarded Ext.P11(a) Conduct Certificate and Ext.P11(b) Course Certificate to prove that she W.P.(C).No.12140 OF 2010 6 obtained B.Ed.Degree by regular study and not by correspondence course . 7. The grievance of the petitioner is that the matter was deliberately delayed by the respondents, thereby denying the legitimate right of the petitioner to get appointment as Principal. It is submitted that the only defect pointed out in Ext.P7 was that the petitioner did not produce Equivalency Certificate for Master's Degree. It is submitted that the petitioner had already submitted the Equivalency Certificate, since the Equivalency Certificate was issued in 2007. Thereafter, for the first time in Ext.P9, an objection was raised regarding the non production of Equivalency Certificate in respect of B.Ed.Degree. The petitioner produced that document also. However, the petitioner is not included in the list so far. The learned Government Pleader submitted that going by the special rules, it is for the petitioner to prove that the Master's Degree and the B.Ed.Degree W.P.(C).No.12140 OF 2010 7 secured by the petitioner from Universities outside Kerala are equivalent to the respective courses offered by any of the Universities in Kerala. The requirement of production of Equivalency Certificate stems from the Rules and not from any communication issued by the respondent. As such, according to the learned Government Pleader, there was no deliberate laches or default on the part of the respondents. 8. For the purpose of disposing this Writ Petition, it is not necessary to consider the rival contentions in order to ascertain the reasons for the delay and as to who was responsible for the delay. Such an exercise would not advance the cause of the petitioner. What the petitioner requires is appointment as Principal. It is stated that she is due to retire on 31 st March, 2011. In the facts and circumstances of the case, I am of the view that the Writ Petition can be W.P.(C).No.12140 OF 2010 8 disposed of, with a direction to the respondents to convene an adhoc DPC at the earliest, so that the petitioner would get her due appointment before her retirement, if she is otherwise entitled to be appointed as Principal. Accordingly, the Writ Petition is disposed of directing the respondents to convene an adhoc DPC as early as possible and at any rate before the expiry of two months, to consider the question of inclusion of the name of the petitioner in the select list for appointment as Principal of Higher Secondary School. Consequential orders shall be passed immediately thereafter. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE. cms