IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 32690 of 2010(I) -------------------------- PETITIONER(S): ----------------------- RAJESHKUMAR.T, S/O.K.R.THRILOCHANAN NAIR, 'RAJ BHAVAN', EDAKKARA.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------------ 1. THE MANAGER, NAROKKAV HIGH SCHOOL, NEAR EDAKKARA, NILAMBUR SUB DISTRICT, MALAPPURAM-679329. 2. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 3. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT-673635. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ W.P.(C).No.32690 OF 2010 ------------------------------ Dated this the 28th day of October, 2010 JUDGMENT The petitioner is working as HSA in Narokkav High School, Edakkara, Malappuram District under the management of the first respondent. It is stated that the petitioner has secured B.Sc. and B.Ed. qualifications from the University of Calicut. He passed M.Sc. in Mathematics from Vinayaka Mission University in Tamil Nadu in the year 2009 under Distance Education Programme conducted by that University. It is stated that in all States except Kerala, the Degree conferred by Vinayaka Mission University is recognized. However, the petitioner got information that the University of Calicut did not recognize the Degrees conferred by Vinayaka Mission University on Distance Education Programme, as equivalent to the Degree of the University of Calicut. W.P.(C).No.32690 OF 2010 2 2. The petitioner apprehends that when vacancies of Higher Secondary School Teachers arise on sanctioning the same, he may not be considered for appointment on the ground that the Post- Graduate Degree secured by him was not on the basis of a regular course of study. The petitioner relies on Ext.P1 circular issued by the Kerala Public Service Commission in the year 2005 stating that for appointment to all posts including posts of teachers, qualification acquired on Distance Education could be recognized. 3. Sri.P.C.Sasidharan, learned Standing Counsel appearing for the Calicut University submitted that the Degree conferred by Vinayaka Mission University on the basis of Distance Education Programme is not recognized by Calicut University. 4. After having heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the University, I am of the view that the Writ Petition is anticipatory in nature. At W.P.(C).No.32690 OF 2010 3 present, there is no occasion for considering the question whether the petitioner is qualified to be appointed as Higher Secondary School Teacher. Secondly, if the petitioner is aggrieved by non consideration for appointment by the Manager, he has an effective alternative remedy to approach the educational authorities or the Government as the case may be, as per the provisions of Chapter XXXII of the Kerala Education Rules. In the facts and circumstances mentioned above, I do not think it is necessary to entertain the Writ Petition at this stage. Leaving open the right of the petitioner to approach the appropriate authorities, and also reserving the right of the petitioner to approach this court for any relief against the University at the appropriate time, the Writ Petition is closed. K.T.SANKARAN, JUDGE cms