IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37714 of 2008(M) -------------------------- PETITIONER(S): --------------- SURESH BABU, S/O. P.V.T. KARUNAKARAN, KARUNA, ALAYIL VEETTIL, VELLUR P.O., KANNUR BY ADV. SRI.V.B.UNNIRAJ RESPONDENT(S): --------------- 1. GOVERNEMNT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM REP BY ITS CHIEF SECRETARY. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR,HIGHER SECONDARY EDUCATION, PARAPPIL, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.37714 2008 ------------------------ Dated this the 19th day of December, 2008. JUDGMENT Petitioner states that he was promoted as HSST (Social Work) by Ext.P1 order subject to the condition that he should acquire B. Ed degree in 5 years. It is stated that, in the meanwhile the Petitioner has acquired B.Ed from the Indira Gandhi National Open University and that although under Ext.P3 the certificate has been forwarded to the 2nd respondent, his promotion is not regularized on the ground that the B.Ed degree awarded by the Indira Gandhi National Open University is not a sufficient qualification as per the Special Rules. 2. This issue is already decided inn favour of the petitioner as per judgment reported in ILR 2006(1) Ker.431. If that be so, there is no reason the certificate shall not be accepted and acted upon. 3. Accordingly, the 2nd respondent is directed to consider the matter in the light of the judgment of this 2 court referred to above. This shall be done as expeditiously as possible and at any rate within 3 weeks from today. 3. Petitioner shall produce a copy of the judgment along with a copy of the judgment referred to above before the 2nd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ 3