IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 1438 of 2008(U) ------------------------------------ PETITIONER(S): ---------------------- P. NIRMALAKUMARI, HSA (ENGLISH), GVHSS, KOPPAM, PALAKKAD DISTRICT. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, TRIVANDRUM. R1 & R2 BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2010, THE COURT ON SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1438/2008 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO. AD.B3/31652/03/HSE DATED 23/1/04 ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE CERTIFICATE OF THE PETITIONER ISSUED BY THE ANNAMALAI UNIVERSITY. P3 COPY OF THE CERTIFICATE OF STATE ELIGIBILITY TEST OF THE PETITIONER ISSUED BY THE COMMISSIONER FOR ENTRANCE EXAMINATIONS, GOVT. OF KERALA. P4 COPY OF THE COMMUNICATION NO.32681/U1/07/GL.EDN. DATED 27/10/2007 ISSUED BY THE 1ST RESPONDENT. P5 COPY OF THE GOVERNMENT ORDER DATED 25/11/1999. P6 COPY OF THE B.ED. DEGREE CERTIFICATE ISSUED FROM THE UTKAL UNIVERSITY, BHUBANESWAR DATED 23/6/1990 IN FAVOUR OF THE PETITIONER. P7 COPY OF THE MASTER'S DEGREE CERTIFICATE ISSUED FROM THE ANNAMALAI UNIVERSITY DATED 10/3/2001 IN FAVOUR OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.1438 OF 2008 --------------------------------------- Dated this the 12th day of November, 2010 JUDGMENT The petitioner was working as a High School Assistant in English in Government service. By Ext.P1 order dated, 23.1.2004, the petitioner was promoted as HSST (Junior) (English). The petitioner passed M.A. Degree in English in December 2000 and passed the State Eligibility Test held in June 2000. Prior to that, she had already acquired B.Ed. Degree in 1988. Therefore, according to the petitioner, the petitioner was fully qualified for promotion to the post of HSST, which only was done by Ext.P1 order. But, the Government, by Ext.P4, took the view that the vacancy to which the petitioner was promoted by Ext.P1 arose on 20.9.2001 on which date the petitioner was not fully qualified and therefore, the petitioner's request for implementation of Ext.P1 order of promotion was rejected. The petitioner is challenging Ext.P4 order seeking the following reliefs: W.P.(C)No.1438/08 2 “i) Issue a writ of certiorari or other appropriate writ, order or direction, calling for the records leading to Ext.P4 and quash the same; ii) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to implement the promotion given to the petitioner as HSST(Junior)(English) as per ext.P1 with all consequential benefits including arrears of pay; iii) declare that the promotion/appointment given to the petitioner as HSST(Junior)(English) as per Ext.P1 is valid and proper.” The contention of the petitioner is that Ext.P4 order happened to be passed because of a misconception that the petitioner passed the State Eligibility Test only in 2004. This misconception arose because of Ext.P3 certificate, which was issued on 10.3.2004, regarding the petitioner's passing of State Eligibility Test. According to the petitioner, Ext.P3 certificate although dated 10.3.2004, that certificate itself makes it abundantly clear that the certificate is in respect of State Eligibility Test conducted in June 2000 and the date of test was 10th June 2000. According to the petitioner, in so far as the petitioner passed the State Eligibility Test, which was conducted on 10.6.2000, simply because the Commissioner for Entrance Examinations delayed issue of the certificate of pass, W.P.(C)No.1438/08 3 the petitioner cannot be denied benefits due to the petitioner on account of her passing State Eligibility Test conducted on 10.6.2000. 2. A counter affidavit has been filed by the first respondent supporting Ext.P4 order. 3. I have heard both sides. Ext.P3 is the certificate issued to the petitioner for having passed the State Eligibility Test. The same is dated, 10.3.2004. But, the heading in Ext.P3 certificate itself is 'State Eligibility Test, June 2000'. The certificate also mentions the date of test as '10th June, 2000'. As rightly pointed out by the learned counsel for the petitioner, the petitioner cannot be found fault with for the delay in issue of the pass certificate by the Commissioner of Entrance Examinations. Admittedly, the vacancy arose on 20.9.2001. The petitioner had passed the test conducted in June 2000. Therefore, as on 20.9.2001, the petitioner had all the qualifications required for being promoted as Higher Secondary School Teacher. Therefore, Ext.P4 is quashed. The respondents are directed to implement Ext.P1 order by promoting the petitioner as per Ext.P1 order with all W.P.(C)No.1438/08 4 consequential benefits. Orders in this regard shall be passed and benefits disbursed to the petitioner as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.1438/08 5