IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 7103 of 2009(G) ------------------------------------- PETITIONER: ------------------- JAYASREE.S, JAYA BHAVAN, MUTHUPILAKKAD, PORUVAZHY P.O., KOLLAM. BY ADV. MR.P.C.SASIDHARAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, VOCATIONAL HIGHER SECONDARY EDUCATION, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. 3. THE MANAGER, J.F.K.M.V.H.S.S., S.V.MARKET POST, KARUNAGAPPALLY, KOLLAM-690 573. R1 & R2 BY GOVT. PLEADER SMT. M.R. SREELATHA, R3 BY ADV. MR.V.RAJENDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7103/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEGREE CERTIFICATE ISSUED BY THE MADURAI KAMARAJ UNIVERSITY. EXT.P.2: COPY OF THE B.ED. DEGREE CERTIFICATE ISSUED BY THE KERALA UNIVERSITY. EXT.P.3: COPY OF THE M.ED DEGREE CERTIFICATE ISSUED BY THE ANNAMALI UNIVERSITY. EXT.P.4: COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE KERALA UNIVERSITY. EXT.P.5: COPY OF THE LETTER ISSUED BY THE R.3. DTD. 09/01/2009. EXT.P.6: COPY OF THE COMMUNICATION ISSUED BY THE R.2. DTD. 24/02/2009. EXT.P.7: COPY OF THE JUDGMENT IN W.A. NO.2972/2007. EXT.P.8: COPY OF THE JUDGMENT IN W.P.(C).NO.11568/2008. EXT.P.9: COPY OF THE ORDER ISSUED BY THE DIRECTOR APPROVING THE APPOINTMENT OF SMT. BESY MATHEW. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7103 OF 2009 --------------------------------------- Dated this the 22nd day of October, 2009. J U D G M E N T The petitioner herein is aggrieved by Exhibit P6 whereby the 2nd respondent informed the 3rd respondent that the interview conducted on 19.01.2008 for the selection of Non Vocational Teacher in General Foundation Course is cancelled as the sole candidate who attended the interview does not possess the required qualification as per the Special Rules. The issue is covered in favour of the petitioner as per the judgments of this Court produced as Exhibits P7 and P8. 2. In Exhibit P7 judgment, the question considered is whether the degree obtained without undergoing a regular course of study could be treated as the prescribed qualification. In paragraph 2 of the said judgment, it was held thus: “Going by the above prescribed qualification, if any of the Universities in Kerala certifies that the qualification possessed by the petitioner obtained from the Indira Gandhi National Open University is W.P.(C) No.7103/2009 2 equivalent to B.Ed degree awarded by them the petitioner is also eligible to apply for the post. The said point is covered in favour of the writ petitioner by a recent decision of this Court in W.A.No.2955/2007.........” In Exhibit P8 judgment, the judgment of the Division Bench in Exhibit P7 was relied on. 3. Herein, the factual position is that the petitioner is a post graduate degree holder in Commerce with M.Ed qualification. The petitioner obtained the post graduate degree from Madurai Kamaraj University, a statutory University recognised by the University Grants Commission. The petitioner also acquired B.Ed degree as well as M.Ed from the Annamalai University after undergoing a regular course of study. 4. The petitioner is relying upon Exhibit P4 to show that the M.Com degree obtained by the petitioner from the Madurai Kamaraj University through distance education has been recognised as equivalent to the M.Com degree of the Kerala University. 5. Going by the qualification prescribed for direct recruitment, what is required is Post Graduate Degree in W.P.(C) No.7103/2009 3 Commerce or Business Economics with not less than 50% marks awarded by any of the Universities in Kerala or an equivalent qualification and B.Ed degree. In the light of the above, it can be seen that the petitioner is also entitled for the benefit of Exhibits P7 and P8 judgments. Therefore, Exhibit P6 is quashed. The petitioner will be treated as fully qualified and entitled to be appointed as Non Vocational Teacher in General Foundation Course. There will be a direction to the 2nd respondent to pass appropriate orders approving the appointment of the petitioner within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is allowed as above. T.R. RAMACHANDRAN NAIR JUDGE smp