IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 35930 of 2009(I) -------------------------- PETITIONER(S): --------------- P.N.SREENA PRASAD, HIGH SCHOOL ASSISTANT(HINDI), AUGUSTINE AKKARA HIGH SCHOOL, KUTTANELLUR, THRISSUR-680 014. BY ADV. SRI.B.RAGUNATHAN SMT.P.RETNAKUMARI SRI.R.SRINATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM-695 014. 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR-680 003. 4. DISTRICT EDUCATIONAL OFFICER, THRISSUR-680 003. 5. MANAGER, AUGUSTINE AKKARA HIGH SCHOOL, KUTTANELLUR, THRISSUR-680 014. ADV. SMT.T.H.RAJITHA FOR R5 SRI.G.GOPALAKRISHNA PILLAI FOR R5 GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO.. 35930/2009 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF DEGREE CERTIFICATE DT. 27-10-2003. EXT.P2 SAHITHYACHARYA CERTIFICATE DT. 5-10-2003. EXT.P3 HINDI SAHITHYA SAMMELAN SIKSHA VISARAD CERTIFICATE DT. 3-7-2007. EXT.P4 COURSE CETIFICATE DT. 18-6-2007 EXT.P5 GOVT. ORDER DT. 31-10-2008. EXT.P6 JUDGMENT IN W.P.C. NO. 37127/2008. EXT.P7 ORDER DT. 7-11-2009. EXT.P8 ORDER DT. 23-11-2009 EXT.P9 GOVT. ORDER DT. 25-7-2009. EXT.P10 APPEAL PETITION DT. 2-12-2009. EXT.P11 APPEAL PETITION DT. 3-12-2009. EXT.P12 ORDER DT. 3-2-2010. TRUE COPY P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 35930 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st day of March, 2010. J U D G M E N T The petitioner is a graduate with training in Hindi Siksha Visarad. According to the petitioner, her qualifications are sufficient for appointment to the post of H.S.A (Hindi). The title 'Siksha Visarad' was recognized by the Government by Government Order dated 17-3- 1998 as an alternate qualification for appointment to the post of H.S.A (Hindi). By Ext. P5 Government Order dated 31-10-2008, that Government Order was cancelled with retrospective effect from March, 2006. Ext. P5 order was quashed by this Court in Ext. P6 judgment and the Government was directed to pass fresh orders within 5 months. In the meanwhile, the petitioner's appointment as H.S.A (Hindi) in the 5th respondent's school was declined to be approved on the ground that the Hindi Siksha Visarad qualification is not recognized by the Government. According to the petitioner, the vacancy to which the petitioner has been appointed is a sanctioned and open one to which the petitioner is duly qualified. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ of certiorari or other appropriate writ, direction or order calling for the records leading to Exts. P7 and P8 and quash the same. ii) issue a writ of mandamus or other appropriate writ, order or direction to the respondents to approve the appointment of the petitioner for the periods from 26-11-2009 to 31-3-2009 and from 1-6-2009 to 31-3-2010 and further to pay the salary, allowances and other perquisites attached to the post of HSA (Hindi).” 2. In this writ petition, by order dated 21-12-2009, the learned Government Pleader was directed to get instructions as to whether orders have been passed as directed in Ext. P6 judgment. Now the W.P.C. No. 35930/2009 -: 2 :- learned Government Pleader has filed a memo producing the order dated 9-2-2010 passed by the Government in the matter, the operative portion of which reads thus: “6. Government have examined all aspects with regard to the withdrawal of recognition of 'Siksha Visarad' title of Hindi Sahithya Sammelan, Allahabad based on the facts narrated above and are pleased to order as follows: (i) Recognition given to 'Siksha Visarad' title of Hindi Sahisthya Sammela, Allahabad as an alternative qualification for appointment as Language Teacher (Hindi)/High School Assistant (Hindi) in the Primary and High school sections of aided and Government Schools is withdrawn w.e.f. March 2006 itself as ordered in the Government Order read as 2nd paper above. (ii) The 'Siksha Visarad' title of Hindi Sahithya Sammelan, Allahad acquired upto 31-12-09 from N.C.T.E approved institutions will have recognition in exemption to the above condition. 7. This order is issued in compliance to the judgments of Hon'ble High Court read as 3rd paper above.” Learned counsel for the petitioner would submit that in view of that Government Order, the petitioner is entitled to get approval. Counsel for the petitioner also submits that during the pendency of this writ petition, Ext. P12 order has been passed by the 3rd respondent-Deputy Director of Education rejecting the appeals filed by the manager on the ground that the qualification of the petitioner is not recognized by the Government and that there is a Rule 43 claimant. Counsel for the petitioner submits that the Rule 43 claimant has already been accommodated in another vacancy. He therefore seeks quashing Ext. P12 order also. 3. I have considered the rival contentions in detail. 4. In view of the Government Order dated 9-2-2010 quoted above, the petitioner is entitled to the benefit of the same. But the learned Government Pleader submits that the petitioner has to further W.P.C. No. 35930/2009 -: 3 :- prove that the petitioner's qualification has been obtained from an institution recognized by the N.C.T.E. In answer, counsel for the petitioner points out that Ext. P6 judgment has been passed in a writ petition filed by the institution from which the petitioner has obtained the qualification and in Ext. P6, it was stated that petitioners have contended that the institution is recognized by the National Council for Teacher Education (N.C.T.E). The petitioner further points out that Ext. P4 certificate of the petitioner contains the caption 'approved by the Government of Kerala recognized by NCTE'. I note from Ext. P6 judgment that the said averment is not seen disputed by the respondents in the case and the judgment proceeds on the basis that the institution is recognized by the NCTE. In the above circumstances, the writ petition is disposed of with the following directions: Exts.P7, P8 and P12 are quashed. The petitioner shall produce the original of Ext. P4 certificate before the 4th respondent-D.E.O. On receipt of the same, the D.E.O shall pass fresh orders in the matter in accordance with the order dated 9-2-2010, after ascertaining from the manager whether a Rule 43 claimant has been suitably accommodated, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the manager of the school. Sd/- S. Siri Jagan, Judge. Tds/