IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 33078 of 2007(K) --------------------------------------- PETITIONERS: -------------------- 1. JYOTHY.K.N., (REG.NO.S-102412), LAKSHMIPURAM, MAYYIL P.O., KANNUR DISTRICT, PIN-670 602. 2. SURESH KUMAR.T.K., (REG.NO.S-100464), IRATTAVILAKOM, SURESH BHAVAN, VIRALY, UCHAKADA P.O., TRIVANDRUM. 3. MURALEEDHARAN.T., (REG.NO.S-102085), THOTTUNGAL HOUSE, VALLUVANGAD SOUTH P.O., PANDIKAD-676 521, MALAPPURAM DISTRICT. 4. VINOY.P.J., (REG.NO.S-102529), POTTAMPUZHA HOUSE, VAREMBETTA P.O., PADINHARATHARA, KALPETTA, WAYANAD-673 575. 5. RAJANI.V., (REG.NO.S-100235), V.SURESH BHAVAN, VIRALY, KULATHOOR, TRIVANDRUM. 6. SHIBU.S., (REG.NO.S-102535), PLANKUNNUVILA VEEDU, PAZHAYA UCHAKKADA, KAKKAVILA P.O., TRIVANDRUM-695 506. BY ADV. SRI.K.JAJU BABU, ADV. SMT.M.U.VIJAYALAKSHMI, ADV. SRI.T.S.SHYAM PRASANTH. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. W.P.(C). NO.33078/2007-K: 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, TRIVANDRUM. 3. KERALA PUBLIC SERVICE COMMISSION, PATTOM, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. GOVT. PLEADER SMT. T.B. REMANI FOR R1 & R2, SRI.ALEXANDER THOMAS,SC,KPSC FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, ALONG WITH W.P.(C). NO. 14901/2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33078/2007-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION PUBLISHED IN KERALA GAZETTE DTD. 14/11/05 ISSUED BY THE R.3. EXT.P.2: COPY OF THE M.SC. DEGREE CERTIFICATE IN PHYSICS OF THE P.1. ISSUED BY THE KANNUR UNIVERSITY. EXT.P.3: COPY OF THE M.SC. DEGREE (ZOOLOGY) CERTIFICATE ISSUED BY MANONMANIAM SUNDARANAR UNIVERSITY TO THE P.2. EXT.P.4: COPY OF THE M.SC DEGREE (ZOOLOGY) CERTIFICATE ISSUED TO THE P.3. BY MANONMANIAM SUNDARANAR UNIVERSITY. EXT.P.5: COPY OF THE M.SC. DEGREE (ZOOLOGY) CERTIFICATE ISSUED TO THE P.4. BY UNIVERSITY OF CALICUT. EXT.P.6: COPY OF THE M.SC. DEGREE (ZOOLOGY) CERTIFICATE ISSUED TO THE P.5. BY MANONMANIAM SUNDARANAR UNIVERSITY. EXT.P.7: COPY OF THE M.SC. DEGREE CERTIFICATE IN ZOOLOGY ISSUED TO THE P.6 BY THE MANONMANIAM SUNDARANAR UNIVERSITY. EXT.P.8: COPY OF THE B.ED. DEGREE CERTIFICATE AND MARK LIST ISSUED TO THE P.1. BY MANGALORE UNIVERSITY. EXT.P.9: COPY OF THE B.ED. DEGREE CERTIFICATE, PROVISIONAL CERTIFICATE AND MARKLIST ISSUED TO THE P.2. BY THE MANONMANIAM SUNDARANAR UNIVERSITY. EXT.P.10: COPY OF THE B.ED. DEGREE CERTIFICATE PROVISIONAL CERTIFICATE AND MARKLIST ISSUED TO THE P.3. BY THE UNIVERSITY OF MYSORE. EXT.P.11: COPY OF THE B.ED. DEGREE CERTIFICATE AND MARKLIST ISSUED TO THE P.4. BY MYSORE UNIVERSITY. EXT.P.12: COPY OF THE B.ED. DEGREE CERTIFICATE PROVISIONAL CERTIFICATE AND MARKLIST ISSUED TO THE P.5. BY MANONMANIAM SUNDARANAR UNIVERSITY. EXT.P.13: COPY OF THE B.ED. DEGREE CERTIFICATE PROVISIONAL CERTIFICATE AND MARKLIST ISSUED TO THE P.6 BY THE MANONMANIAM SUNDARAR UNIVERSITY. EXT.P.14: COPY OF THE EQUIVALENCY CERTIFICATE ISSUED TO THE P.3. BY THE UNIVERSITY OF CALICUT. W.P.(C). NO.33078/2007-K: EXT.P.14.A: COPY OF THE EQUIVALENCY CERTIFICATE ISSUED TO THE P.6 BY THE UNIVERSITY OF KERALA. EXT.P.14.B: COPY OF THE EQUIVALENCY CERTIFICATE ISSUED TO THE P.1. BY THE KANNUR UNIVERSITY. EXT.P.15: COPY OF THE M.ED. DEGREE CERTIFICATE ISSUED TO THE P.3. BY THE UNIVERSITY OF CALICUT. EXT.P.16: COPY OF THE SET CERTIFICATE ISSUED TO THE P.1. BY THE R.2. EXT.P.16.A: COPY OF THE SET CERTIFICATE ISSUED TO THE P.2. BY THE R.2. EXT.P.16.B: COPY OF THE SET CERTIFICATE ISSUED TO THE P.4. BY THE R.2. EXT.P.16.C: COPY OF THE SET CERTIFICATE ISSUED TO THE P.5. BY THE R.2. EXT.P.16.D: COPY OF THE SET CERTIFICATE ISSUED TO THE P.6 BY THE R.2. EXT.P.17: COPY OF THE INTERVIEW MEMO ISSUED TO P.2. BY THE R.3. EXT.P.18: COPY OF THE LETTER NO. GA1/A1/EC/2004 DTD. 03/10/07 ISSUED BY THE UNIVERSITY OF CALICUT TO THE R.3. EXT.P.19: COPY OF THE CIRCULAR NO. 25/2007 DTD. 25/07/07 ISSUED BY THE R.3. EXT.P.20: COPY OF THE CERTIFICATE DTD. 29/10/07 ISSUED BY THE MYSORE UNIVERSITY. EXT.P.21: COPY OF THE ORDER DTD. 01/03/07 IN W.P.(C). NO. 3600/2007 OF THIS HONOURABLE COURT. EXT.P.22: COPY OF THE G.O. (RT).NO.1048/08/H. EDN. DTD. 15/07/08 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. K.T. SANKARAN, J. ............................................................................ W.P.(C)Nos. 33078 OF 2007, 11727 OF 2004, 19064 OF 2005 & 3600, 15545, 24380, 25408, 26656, 26704, 27300, 27571, 27733, 28032, 29185, 29546, 29696, 30209, 30753 31216, 31602, 31902, 32262, 33643 , 33917, 34483, 35857, 36361 , 36459, 37021, 37374, 37695 OF 2007 & 2133, 2255, 3301, 3379, 3526, 3864, 3958, 4110, 4248, 4626, 5296, 6002, 6104, 6112, 6523, 7198, 7755, 7765, 8132, 8336, 11161, 12133, 14901, 15343, 15702, 15975, 16164, 16537, 17418, 17570, 17750, 17831, 17935, 17950, 17959, 18001 , 18509, 18418, 18510, 19766 AND 22244 OF 2008. ............................................................................ Dated this the 7th August, 2008 J U D G M E N T Since common question is involved in all these Writ Petitions, they are being heard and disposed of together. 2. The Kerala Public Service Commission invited applications for appointment to the posts of Higher Secondary School Teacher, Higher Secondary School Teacher (Junior), Non Vocational Higher Secondary School Teacher and Non Vocational Higher Secondary School Teacher (Junior) and High School Assistants. The notification for appointment to the posts of Higher Secondary School Teacher (Junior) and Higher W.P.(C) No. 33078 of 2007 and connected cases. 2 Secondary School Teacher was issued on 14.11.2005. The notifications in respect of High School Assistants were issued on different dates as the selection is district-wise. 3. In so far as Higher Secondary School Teachers and Higher Secondary School Teachers (Junior) are concerned, they are governed by Special Rules for the Kerala Higher Secondary Education State Service and Special Rules for the Kerala Higher Secondary Education Subordinate Service, respectively. In so far as High School Assistants are concerned, they are governed by executive orders. Vocational Higher Secondary School Teachers and Non Vocational Higher Secondary School Teachers are governed by Kerala Vocational Higher Secondary Education State Service Rules 2004 and Non Vocational Higher Secondary School Teachers (Junior) are governed by the Kerala Vocational Higher Secondary Education Subordinate Service Rules. For the posts notified, the training qualification required is B.Ed. As per the Special Rules, the training qualification required for the posts is categorised as follows: (1) B.Ed in the concerned subject acquired after a regular course of study from any of the Universities in Kerala or a qualification recognised as equivalent thereto by a University in Kerala. (2) In the absence of persons with B.Ed degree in the concerned subject, B.Ed degree acquired 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 items (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 a qualification recognised as equivalent thereto by any of the Universities in Kerala W.P.(C) No. 33078 of 2007 and connected cases. 3 4. The Kerala Public Service Commission issued a circular dated 25.07.2007, which reads as follows: “The Commission have ordered to accept B.Ed with double optional subjects, as B.Ed in any of these subjects, if the duration of the said course is two years. If it is a one- year course with two optional subjects, it will not be considered as B.Ed in the subjects concerned, but will be accepted under the category 'B.Ed in any subject'. As per the circular, in the case of B.Ed degree holders with double optional subjects, they will not come under items(1) and (2) mentioned above and they will be included in item (3) and they will be considered only in the absence of B.Ed degree holders as specified in item Nos. (1) and (2). 5. The contention of the petitioners is that the B.Ed degree granted in their favour are recognised by the Universities in Kerala and are equivalent to any other B.Ed degree and therefore they will satisfy the requirement of Item (1) above. In these cases, B.Ed degree acquired by the petitioners are of different types and courses of different duration. In some cases, the B.Ed degree is awarded by Hindi Prachar Sabha, where medium of instruction is Hindi. In those cases, apart from Hindi, the candidates have to study an additional subject as optional subject. In some other cases , the B.Ed degree is awarded by a regular course of study of four years, which is an integrated course run by NCERT. It is submitted that NCERT has four centres affiliated to various Universities. Universities outside the Kerala State offer B.Ed degree course of one year duration and candidates are awarded B.Ed degree with more than one optional subjects. The petitioners contended that all these degrees would satisfy the requirement of B.Ed in the subject concerned since they acquired it W.P.(C) No. 33078 of 2007 and connected cases. 4 after a regular course of study. The mere fact that two or more optional subjects are also there, that does not take the case out of item (1) in the qualification prescribed. In the case of H.S.As, it is pointed out that the three items mentioned above may not be relevant and the required qualification is B.Ed in the subject concerned. 6. The view taken by the Kerala Public Service Commission in the Circular dated 25.07.2007 is that in the case of one year course with two optional subjects, it will not be considered as B.Ed in the subject concerned. If that view is accepted, the petitioners will not be considered for selection as they will not be considered as having the training qualification prescribed in items (1) and (2) above. 7. After filing of the Writ Petitions, the matter has been clarified by the Government by issuing Government Order No. G.O.(Rt) 1048/08/H.Edn dated 15.07.2008. The Government Order reads as follows: “The Kerala Public Service Commission have decided to accept B.Ed with double optional subjects as B.Ed in any of these subjects if the duration of the course is two years and if it is a one year course with two optional subjects, it will not be considered as B.Ed in the subjects concerned but will be accepted as B.Ed in any subjects. 2. Government have received a number of petitions explaining the difficulties facing the candidates having double optional subjects due to the issuance of the Circular cited. Almost all Universities outside Kerala are conducting one year double option B.Ed course as per the regulation issued by National Council for Teacher Education. The Circular has badly affected the employment prospects of thousands of B.Ed degree holders in the State. 3. Government have examined the matter in detail and are pleased to order that the one year B.Ed degree with double W.P.(C) No. 33078 of 2007 and connected cases. 5 optional subjects awarded by the institutions approved by National Council for Teacher Education will be treated as equivalent to B.Ed degree with single option in all matters of appointments with retrospective effect. This position will be reviewed after five years.” 8. In view of the Government Order dated 15.07.2008, the Circular dated 25.07.2007 issued by the Kerala Public Service Commission has become sterile and inoperative since the Circular is being superseded by the Government Order dated 15.07.2008. The Standing Counsel for the Kerala Public Service Commission does not dispute the power of the Government to issue an order like G.O.(Rt)No.1048/08/H.Edn dated 15.07.2008. It is also not disputed that when such an order is issued by the Government, the Commission is bound to comply with the same. 9. In view of the subsequent developments and in view of the Government Order dated 15.07.2008, all these Writ Petitions are liable to be allowed. 10. The petitioners have appeared for the written test . In some cases, the petitioners were included in the short list issued by the Public Service Commission. Some of the petitioners were called for the interview as per the interim orders passed in the Writ Petitions, while some others were not allowed to participate in the interview. In some cases, the candidates were included in the Rank List provisionally. 11. In the facts and circumstances of the case, the Writ Petitions are disposed of with the following directions: (i) The Kerala Public Service Commission shall treat the applicants who satisfy the requirements of the Government Order dated 15.07.2008 as persons duly qualified in the subjects concerned, if they are otherwise eligible to be included in the Rank List. (ii) The Kerala Public Service Commission shall process the applications W.P.(C) No. 33078 of 2007 and connected cases. 6 accordingly and if the petitioners are qualified to be included in the Rank List on the basis of the merit, they shall be so included. (iii) In the case of the candidates who are not allowed to participate in the interview on the basis of the Circular dated 25.07.2007, those candidates should be interviewed and their applications shall be processed accordingly. (iv) It is made clear that the candidates who are already advised by the Public Service Commission, as on today, will not be affected by the aforementioned exercise. Till the process is over, the Kerala Public Service Commission shall not advice any other candidates . (v) The Kerala Public Service Commission shall complete the aforementioned exercise as expeditiously as possible. After the above mentioned exercise is over, the Kerala Public Service Commission shall re-arrange the Rank List. While doing so, the persons who were already advised, as on today, shall not be affected. (vi) All other contentions are left open. (vii) The respective petitioner shall produce certified copy of the respective judgment and copy of the respective Writ Petition before the Secretary of the Kerala Public Service Commission within three weeks. . K.T. SANKARAN, JUDGE. lk