IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 31825 of 2008(L) --------------------------------------- PETITIONER: ------------------- MANIKANTAN.V, NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER (POLITICS), MUSLIM GIRLS HIGHER SECONDARY SCHOOL, KANIAPURAM.P.O., THIRUVANANTHAPURAM. BY ADV. MR.PAULSON THOMAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. THE MANAGER, MUSLIM GIRLS HIGHER SECONDARY SCHOOL, KANIYAPURAM.P.O., THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER MR. MUHAMOOD.T.T. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/08/2009,THE COURT ON 14/10/2009 DELIVERED THE FOLLOWING: W.P.(C). NO.31825/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DTD. 07/08/2000 OF THE PETITIONER. EXT.P.1.A: COPY OF THE APPROVAL ORDER DTD. 30/11/2002 OF THE PETITIONER. EXT.P.2: COPY OF THE POST GRADUATE DEGREE CERTIFICATE OF THE PETITIONER. EXT.P.2.A: COPY OF THE M.PHIL. DEGREE CERTIFICATE OF THE PETITIONER. EXT.P.3: COPY OF THE PH.D. PROVISIONAL DEGREE CERTIFICATE FROM KERALA UNIVERSITY OF THE PETITIONER. EXT.P.4: COPY OF THE INTERIM ORDER OF THE HONOURABLE SUPREME COURT OF INDIA DTD. 07/12/1999. EXT.P.4.A: COPY OF THE DECREE OF THE HONOURABLE SUPREME COURT OF INDIA IN DOLLICHAN'S CASE IN C.A. 7158/99. EXT.P.4.B: COPY OF THE G.O. DTD. 25/11/2000. EXT.P.5: COPY OF THE G.O. DTD. 15/07/1998. EXT.P.5.A: COPY OF THE G.O. DTD. 28/10/2000. EXT.P5.B: COPY OF THE G.O. DTD. 07/01/2004. EXT.P.6: COPY OF THE G.O. DTD. 06/01/2005. EXT.P.7: COPY OF THE G.O. DTD. 21/10/2005. EXT.P.8: COPY OF THE IMPUGNED ORDER OF THE GOVT. DTD. 27/09/2008. EXT.P.9: COPY OF THE PROCEEDINGS OF THE R.D.D REJECTING SALARY BILL OF THE PETITIONER DTD. 25/11/08. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.31825 of 2008-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2009. JUDGMENT In this writ petition, the petitioner who is working as HSST (Politics), is aggrieved by the order Ext.P8 by which the request to grant permanent exemption to him from acquiring B.Ed., as he is a Ph.D. holder, has been rejected. Necessary facts for the disposal of the writ petition are the following: 2. The petitioner is working as Higher Secondary School Teacher right from 7.8.2000. He is having M.Phil and Ph.D. in the same subject. His initial appointment was for the period from 7.8.2000 to 15.7.2001 as HSST Junior in Political Science and thereafter he was appointed/promoted as HSST with effect from 16.7.2001. Exts.P1 and P1(a) are the orders of appointment and the order granting approval of his appointment. Exs.P2, P2(a) and P3 are the certificates issued by the University of Kerala in support of the qualifications acquired by him. The persons like the petitioner were appointed pursuant to Ext.P5 Govt. Order dated 15.7.1998, wherein it was provided that Ph.D. holders along with persons who have passed M.Phil and JRF/NET will also be eligible for appointment as Plus wpc 31825/2008 2 two teachers subject to the condition that they have to provide a written undertaking that they will acquire B.Ed. within a period of three years. By Ext.P5(a) order dated 28.10.2000, the Government has granted exemption to Ph.D. hands from acquiring B.Ed. Again, by Ext.P5(b) order, the teachers who were continuing in service as on 14.11.2000 holding Ph.D., were directed to be regulairsed in service without insisting for the condition of acquiring B.Ed. By the same order, M.Phil holders were given time to acquire B.Ed. The said period was extended further by Ext.P6. The petitioner is seeking the benefit of Ext.P7, whereby some of the Ph.D. holders who were appointed prior to the implementation of the Special Rules with a condition to acquire B.Ed., were ordered to be regularised in service after exempting them from acquiring B.Ed. degree. 3. But in Ext.P8, the view taken by the Government is that as B.Ed. is mandatory for the appointment as HSST, the request of the petitioner is inadmissible as per the Special Rules. 4. Learned counsel for the petitioner submitted that the petitioner is a beneficiary of Exts.P5(a), P5(b) and P7 orders and persons who were similarly placed having Ph.D. were exempted from acquiring B.Ed., were regularised in service. The petitioners will not come within the purview of wpc 31825/2008 3 the Special Rules, as he was appointed prior to 14.11.2000. It is therefore submitted that the view taken by the Government is not correct. 5. The respondents have not filed any counter affidavit in the matter. The only question is whether the petitioner will come within the purview of Exts.P5, P5(a), P5(b) and P7 orders. As already noticed, in Ext.P5(a), the Government ordered that “Ph.D. holders are exempted from acquiring B.Ed. for appointment as HSST.” This is dated 28.10.2000. The petitioner was appointed on 7.8.2000. Ext.P5(b) order was passed after the decision of the Apex Court in Dollichan's case (AIR 2001 SC 216). The order is one granting regularisation of appointment of HSST's who were appointed prior to 14.11.2000 and who have not acquired B.Ed. degree, but are having Ph.D. It was directed that those persons holding Ph.D. and were appointed purely on the strength of the Govt. Order dated 15.7.1998 which was modified as per Govt. Order dated 28.10.2000 and were continuing in service as on 14.11.2000, will stand regularised with effect from the date of their entry in service without insisting on the condition of acquiring B.Ed. It is important to notice that the petitioner was appointed prior to 14.11.2000 and was continuing in service as on that date. The later order Ext.P7 is also important. Therein also, the persons who are appointed prior wpc 31825/2008 4 to 14.11.2000 and having Ph.D., were ordered to be regularised in service after exempting them from acquiring B.Ed. 6. In Ext.P8, the view taken is that the same has been ordered as a special case. It is pointed out by the learned counsel for the petitioner that it will result in discrimination and will be in violation of Article 14. It is clear that the Government has treated Ph.D. holders who were appointed prior to 14/11/2000 alike in the matter of granting exemption from acquiring B.Ed. An important circumstance is that such exemption has been granted in favour of persons who are appointed based on the executive orders issued prior to Dollichan's case (supra) and prior to coming into force of the Special Rules. Therefore, the crucial aspect is whether they were appointed prior to 14.11.2000 and were continuing in service as on that day. That is satisfied as far as the petitioner is also concerned. Even though at the time of appointment, he was not having Ph.D., he acquired Ph.D. in the same subject later. The question therefore is whether any distinction can be made on the plea that he acquired Ph.D. while in service. It is clear that the intention of the Government is to grant exemption to Ph.D. holders who were appointed prior to 14.11.2000. The orders are issued with the purpose to achieve the said object. If that be so, the persons like the petitioner cannot be singled out for a different treatment merely because Ph.D was wpc 31825/2008 5 acquired after 14/11/2000. The reliance placed on the Special Rules, in Ext.P8 therefore hold good. The date of appointment and the fact that he is continuing as on 14.11.2000 alone are important. The Special Rules were notified only on 12.11.2001. The persons who were benefited by Ext.P7, were also continuing without acquisition of B.Ed. There is nothing to distinguish them with the petitioner. All are in the same footing. 7. Therefore, the petitioner is entitled to succeed in this writ petition. Ext.P8 is quashed. It is declared that the petitioner is entitled for exemption from acquiring B.Ed. and for regularisation in service with effect from his date of appointment, i.e. 7.8.2000. Appropriate orders will be passed by the respondents as above, within a period of two months from the date of receipt of a copy of this judgment. There will be a further direction to disburse the salary from time to time and arrears shall be disbursed within two months of passing the order granting regularisation in service. No costs. (T.R. Ramachandran Nair, Judge.) kav/