IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WA.No. 1450 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.40381/2003 Dated 20/02/2009 .................... APPELLANTS/RESPONDENTS 1-4 IN WP(C) -------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS,SANTHINAGAR, THIRUVANANTHAPURAM. 4. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. BY G.P. SMT.T.B.RAMANI RESPONDENTS/PETITIONER AND RESPONDENTS 5-8 IN W.P.(C) -------------------------------------------------------- 1. ANNI ANTONY,W/O.P.C.AUGUSTINE, HIGHER SECONDARY SCHOOL TEACHER(C0MMERCE), ST.THERESE HIGHER SECONDARY SCHOOL,SHORANUR,P.O. SHORANUR,PALAKKAD DISTRICT,PIN-679 121. 2. UNIVERSITY OF CALICUT,CALICUT UNIVERSITY .P.O,THENHIPALAM,MALAPPURAM DISTRICT, PIN-673635,REPRESENTED BY ITS REGISTRAR. 3. THE APOSTOLICE CARMEL EDUCATIONAL AGENCY A.C.PROVISIONAL HOUSE,MALAPARAMBA.P.O, CALICUT-673 009,REPRESENTED BY THE CORPORATE MANAGER. 4. THE PRINCIPAL,PROVIDENCE WOMEN'S COLLEGE CARMEL HILL,MALAPARAMBA.P.O, CALICUT-673 009. 5. THE PRINCIPAL,ST.THERESE HIGHER SECONDARY SCHOOL,SHORANUR.P.O,SHORANUR, PALAKKAD DISTRICT-679 121. ADV. SRI.K.T.SHYAMKUMAR FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... Writ Appeal No.1450 of 2010 .................................................................... Dated this the 21st day of March, 2011. JUDGMENT Ramachandran Nair, J. The question raised is whether for the purpose of regularising employment of a teacher in the Higher Secondary School the B.Ed. Degree obtained by her should be after completion of a course study or whether B.Ed. Degree obtained through correspondence course is sufficient. Even though we find force in the contention of the Government Pleader that a B.Ed. Degree to be meaningful should be acquired by a person only after a proper training and course study, we do not think there is any need to consider the issue in this case because the first respondent was a college teacher when Pre-degree was taken out of college education to bring it under the Higher Secondary Schools. On formation of the Higher Secondary School by the very same management, the first respondent was sent to the Higher Secondary School for a brief period for teaching there and thereafter she was inducted back to the college management where she is 2 continuing as a Lecturer/Professor. Therefore, the question is only regularisation of short term service of the respondent in the Higher Secondary School. We feel the first respondent's case is rightly approved by the learned Singe Judge and, therefore, without going to the question raised by the Government Pleader which has general application for employment of teachers in the school, we dismiss the Writ Appeal. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms