IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 40381 of 2003(G) --------------------------------------- PETITIONER(S): ---------------------- ANNIE ANTONY W/O. P.C.AUGUSTINE, HIGHER SECONDARY SCHIOOL TEACHER (COMMERCE), ST.THERESE HIGHER SECONDARY SCHOOL, SHORANUR, P.O.SHORANUR, PALAKKAD DISTRICT, PIN 679 121 BY ADV. MR.K.T.SHYAMKUMAR RESPONDENT(S): -------------------------- 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, SANTHI NAGAR, THIRUVANANTHAPURAM 4. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION KOZHIKODE. 5. UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM DISTRICT, PIN 673 635, REPRESENTED BY ITS REGISTRAR. 6. THE APOSTOLIC CARMEL EDUCATIONAL AGENCY, A.C.PROVINCIAL HOUSE, MALAPARAMBA P.O., CALICUT-673 009, REPRESENTED BY THE CORPORATE MANAGER. W.P.(C) NO.40381/2003 7. THE PRINCIPAL, PROVIDENCE WOMEN'S COLLEGE, CARMEL HILL, MALAPARAMBA P.O., CALICUT 673 009 8. THE PRINCIPAL, ST.THERESE HIGHER SECONDARY SCHOOL, SHORANUR, P.O.SHORANUR, PALAKKAD DISTRICT 679 121 ADV. MR.S.GOPAKUMARAN NAIR, SC, CALICUT UTY FOR R5 MR.E.S.ASHRAF, SC, CALICUT UNIVERSITY FOR R5 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.40381/2003 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE MARK LIST DT. 22.12.1983 ISSUED TO THE PETITIONER BY THE UNIVERSITY OF CALICUT. P2:- COPY OF THE CERTIFICATE DT. 25.7.1984 ISSUED TO THE PETITIONER BY THE UNIVERSITY OF CALICUT. P3:- COPY OF THE ORDER NO.GA/A1/8110/85 DT. 23.10.1986 ISSUED BY THE UNIVERSITY OF CALICUT. P4:- COPY OF THE CERTIFICATE DT. 18.2.2003 ISSUED TO THE PETITIONER BY THE MANAGER, PROVIDENCE WOMEN'S COLLEGE CALICUT. P5:- COPY OF THE MARK LIST DT. 8.6.87 ISSUED BY THE ANNAMALAI UNIVERSITY TO THE PETITIONER . P6:- COPY OF THE CERTIFICATE T. 10.12.87 ISSUED TO THE PETITIONER BY THE ANNAMALAI UNIVERSITY. P7:- COPY OF THE PROCEEDINGS DT. 20.10.98 ISSUED BY THE CORPORATE MANAGER, APOSTOLIC CARMEL EDUCATIONAL AGENCY. P8:- COPY OF THE G.O.(MS) NO.341/98/G.EDN. DT. 28.8.98. P9:- COPY OF THE G.O.(MS) NO.344/98/G.EDN. DT. 29.8.98. P10:- COPY OF THE CIRCULAR NO.C2/7647/HSE/98 DT. 2.9.98 ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION. P11:- COPY OF THE LETTER DT. 19.5.1999 SENT BY CORPORATE MANAGER, APOSTOLIC CARMEL EDUCATIONAL AGENCY TO THE DIRECTOR OF HIGHER SECONDARY EDUCATION. P12:- COPY OF THE ORDER NO. C2/2899/HSE/99 DT. 17.7.99 ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION. P13:- COPY OF THE ORDER NO.GAII/D2/2402/95 DT. 3.1.98 ISSUED BY THE UNIVERSITY OF CALICUT. P14:- COPY OF THE JUDGMENT DT. 15.2.02 IN OP. NO.945/96. P15:- COPY OF THE G.O.(MS) NO.138/90/G.EDN. DT. 27.6.90. P16:- COPY OF THE G.O.(MS) NO.377/98/G.EDN. DT. 25.9.98. P17:- COPY OF THE G.O.(MS) NO.110/99/G.EDN. DT. 13.5.99. P18:- COPY OF THE G.O.(MS) NO.50/2000/G.EDN. DT. 28.1.2000. W.P.(C) NO.40381/2003 P19:- COPY OF THE G.O.(MS) NO.145/2000/H.EDN. DT. 5.10.2000. P20:- COPY OF THE G.O.(MS) NO.381/2000/G.EDN. DT. 16.11.2000. P21:- COPY OF THE CIRCULAR NO.AD.B1/15660/2000/HSE DT. 23.9.2000. P22:- COPY OF THE APPLICATION DT. 8.9.2000 SUBMITTED BY THE PETITIONER. P23:- COPY OF THE REPRESENTATION DT. 24.7.2002 SUBMITTED BY THE PETITIONER TO THE DIRECTOR OF HIGHER SECONDARY EDUCATION. P24:- COPY OF THE REPRESENTATION DT. 30.7.02 SUBMITTED BY THE PETITIONER TO THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT. P25:- COPY OF THE G.O.(RT) NO.3092/2003/G.EDN. DT. 4.8.03. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 40381 of 2003 --------------------------------------------------- Dated this the 20th day of February, 2009 JUDGMENT The petitioner at the time of filing this writ petition was working as Higher Secondary School Teacher in Commerce in the St.Therese Higher Secondary School, Shoranur. She passed the M.Com Degree Examination from the University of Calicut in the year 1983. After passing the M.Com Degree Examination she appeared for the B.Ed Degree Examination in Commerce (correspondence course) conducted by the Annamali University in December 1986 and passed the said examination in second class. 2. After passing the M.Com Degree Examination, the petitioner was appointed as Lecturer in Commerce in the Providence Women's College, Calicut. The appointment was in the leave vacancy for the period from 15.7.1986 to 31.3.1987. The said appointment was approved by the University of Calicut as per Ext.P2 order. She had served as Lecturer in Commerce in the College for a total period of 8 years, 2 months and 15 days during the period from 15.7.1986 to 15.1.1996. She was continuously in service during the period from 23.1.1989 to 15.1.1996. Later, she was thrown out from service on 15.1.1996. Thereupon, she filed O.P.No.945/1996 before this Court and pursuant to the interim order passed on 12.3.1996, she was wpc:40381/2003 2 reinstated in service on 19.3.1996 as Lecturer in Commerce in the college. By Ext.P14, judgment the said writ petition was disposed of. 3. After the Higher Secondary Course was introduced in the State of Kerala, petitioner was relieved from the College on 20.10.1998 and she joined duty in St.Therese Higher Secondary School, Shornur in the forenoon of 20.10.1998 without break in service. 4. The present writ petition was filed challenging Ext.P25. The petitioner possesses a B.Ed Degree in Commerce awarded by the Annamalai University by correspondence course. As per Ext.P25, the Government granted two years time from the date of the order for the petitioner to acquire B.Ed. qualification as mandated for the appointment as a special case. 5. The petitioner has filed a interlocutory application (I.A.No.1200/09) dated 18.1.2009. It is averred that she had been reappointed as Lecturer in Commerce in the Providence Women's College, Calicut. She resigned from the post of HSST (Commerce) on 31.7.2007 and joined as Lecturer in Commerce in the Providence women's College, Calicut on 1.8.2007. She wpc:40381/2003 3 had worked as HSST in the St.Theresa's Higher Secondary School, Shornur from 21.10.1998 to 31.7.2007. 6. The question is whether the view taken in Ext.P25 that the petitioner does not possess B.Ed degree acquired through regular course of study is illegal or not. At the time of her appointment qualifications were prescribed as per Government order Ext.P15 dated 27.6.1990. The educational qualification prescribed for Higher Secondary School Teachers was second class Master's Degree in the concerned subject with B.Ed. The petitioner contends that the qualification acquired by distance education is a sufficient qualification for the post of HSST coming within the purview of the said Government order. This question was considered by this Court in State of Kerala Vs.Suja Kumar (2006(1) KLT 846). It was held that the persons who have acquired qualification through distance education by correspondence course are entitled to regularisation and that it is not necessary that they should possess B.Ed. Degree recognised by the Universities in Kerala. The amendment of the Rules is subsequent to her appointment in the year 2001. As on the date of appointment wpc:40381/2003 4 the stipulations contained in Ext.P15 Government order are applicable. If that be so, the petitioner is entitled to the benefit of the dictum laid down in the above quoted judgment in State of Kerala vs. Suja Kumar (supra). Now the petitioner has gone back to her parent institution and all that required is for a direction to the Government to regularise the period between 21.10.1998 to 31.7.2007. Therefore, appropriate orders shall be passed by the respondents within a period of three months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE