IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 W.A. No. 33 of 2009 ---------------------------------- AGAINST ORDER Dated 09/12/2008 IN RP.1298/2008 in WPC No.18930/08 .................... APPELLANT(S)//REVIEW PETITIONERS/RESPONDENTS IN WPC: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, R.L.V COLLEGE OF MUSIC AND FINE ARTS, THRIPUNITHURA. 4. THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. R. BINDU RESPONDENT//RESPONDENT/PETITIONER: --------------------- ANTONY P.K., PANAKKAL HOUSE, CHERIYANTHURUTHU, VARAPPUZHA P.O. BY ADV. SRI. P. SREEKUMAR. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A. No.33 of 2009 ------------------------------ Dated this, the 17th day of December, 2009 JUDGMENT Balakrishnan Nair, J. The respondents in Writ Petition (C) No.18930 of 2008, who are the petitioners in Review Petition No.1298 of 2008 are the appellants. The respondent herein was the writ petitioner. The brief facts of the case are the following:- The petitioner was a physically challenged person. He was appointed under Rule 9(a)(i) of the Kerala State and Subordinate Services Rules, (for short, 'the K.S. & S.S.R.) as Art Instructor in R.L.V. College of Music and Institute of Fine Arts, Thripunithura from 8.1.1999 to 31.3.1999. The Government decided to regularise the physically challenged persons appointed under Rule 9(a)(i) of K.S. & S.S.R. between 15.8.1998 and 15.8.1999. The petitioner was a beneficiary of that order. When the Government published the list of such persons as per Ext.P2 order dated 30.11.2007, he was also included in it. He was serial No.18 in Ernakulam District, in the list annexed to Ext.P2. Claiming appointment on the strength W.A. No.33 of 2009 - 2 - of Ext.P2, the Writ Petition was filed. In the meantime, the R.L.V.College of Music and Institute of Fine Arts was upgraded as a College and the post of Art Inspector was converted to Junior Lecturer. The qualification prescribed for the post of Junior Lecturer was degree in the subject concerned. The petitioner was a diploma holder. Therefore, he was ineligible for appointment. But, as no counter affidavit was filed in the Writ Petition, the Writ Petition was allowed. The appellants filed the review petition. The learned Single Judge took the view that, if the writ petitioner was appointed in time, he would have got appointment before the new Special Rules prescribing higher qualification were introduced on 19.3.2008. If he was appointed before that date, he would have got sufficient time to acquire the higher qualification. Based on that finding, the review petition was also dismissed. Aggrieved, the respondents in the writ petition have preferred this Writ Appeal. During the pendency of the Writ Appeal, pursuant to an interim order of this Court, the writ petitioner was appointed as Art Instructor (Junior Lecturer) by order dated 1.4.2009 by the Director of Collegiate Education. W.A. No.33 of 2009 - 3 - In view of the above position, we think that the Writ Appeal can be closed directing the Government to decide within what time limit, the writ petitioner should acquire the higher qualification, prescribed for the post as per the Special Rules. Since the writ petitioner has already been appointed and as a matter of fact, he was eligible to get appointment, we are not interfering with the judgment and the order impugned in this appeal. But, the Government will be free to fix the time limit within which the respondent should acquire the higher qualification in terms of the Special Rules. The Government shall also inform the petitioner what will be his fate, in case he does not acquire the qualification within the time so fixed. The Writ Appeal is disposed of accordingly. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. Bhavadasan, Judge. DK. (True copy)