IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 24619 of 2006(E) ---------------------------------------- PETITIONER(S): ------------------------- K.C. OMANA, M.COM., VOCATIONAL INSTRUCTOR, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, KADAVOOR,KOTHAMANGALAM. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): --------------------------- 1. DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, KERALA GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT (VOCATIONAL HIGHER SECONDARY EDUCATION), TRIVANDRUM. BY GOVERNMENT PLEADER MR. T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24619/2006 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE DTD. 15/12/1993. P2: COPY OF THE GRADATION LIST DTD. 11/01/2006. P3: COPY OF THE CIRCULAR DTD. 7/05/2005. P4: COPY OF THE DEGREE CERTIFICATE DTD. 19/12/2005. P5: COPY OF THE ELIGIBILITY CERTIFICATE DTD. 9/11/2005. P6: COPY OF THE LETTER DTD. 21/12/2005. P7: COPY OF THE REVISION PETITION DTD. 23/01/2006. P8: COPY OF THE LETTER DTD. 7/06/2006. P9: COPY OF THE APPLICATION AND FORWARDING LETTER DTD. 29/05/2006. P10: COPY OF THE REPRESENTATION DTD. 6/06/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24619/2006-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 12th day of June, 2009 J U D G M E N T The petitioner in this writ petition challenges note-1 to the Kerala Vocational Higher Secondary Education State Service Rules, 2004. She is aspiring for promotion to the post of Vocational Teacher. The petitioner is presently working as Vocational Instructor at the Government Vocational Higher Secondary School, Kadavoor, Kothamangalam. She is a physically handicapped person. She had acquired B.Com Degree and Diploma in Commercial Practice (3 year) in second class. 2. She was appointed as Vocational Instructor on 29/03/1999. The next promotion is to the post of Vocational Teacher. She acquired M.Com Degree through distance education from the Madurai Kamaraj University. Ext.P4 is the Degree certificate. Ext.P5 is the proceedings of the Kerala University treating the M.Com Degree of Madurai Kamaraj University as equivalent to M.Com Degree of the Kerala University. When the Special Rules for the service was adopted, note-1 was added therein stating that all educational qualifications for teaching posts should be one acquired after a regular course of study from a recognised University in W.P.(C). No.24619/2006 -:2:- Kerala. But the addition of the above note caused difficulties to the petitioner. Even though she represented the matter, her claim was not obviously granted. 3. The learned counsel for the petitioner submitted that the method of imparting education by correspondence course, which is popularly known as distance education, is a well accepted one. The same was accepted by this Court as early as in 1994 in the decision reported in Mohanan Nair v.State of Kerala [1994 (2) KLT 537]. It is pointed out that the issue had come up before the Government itself at the hands of other candidates. 4. In the counter affidavit, it is pointed out that in the light of note-1 to the Kerala Vocational Higher Secondary Education State Service Rules, 2004, the petitioner is not eligible to be promoted as Vocational Teacher. The learned counsel for the petitioner invited my attention to Rule 35(b) of Part II of the General Rules of K.S. & S.S.R and Rule 39 therein. It is pointed out that in appropriate cases, the Government is liable to consider the case of a person facing real hardship. Therefore, it is prayed that the Government may be directed to consider the case of the petitioner in accordance with Rules 35 and 39 of the General Rules. As on today, the W.P.(C). No.24619/2006 -:3:- petitioner has not approached the Government in the matter. If the petitioner files a representation along with a copy of this judgment within two weeks, the first respondent will pass appropriate orders within a further period of two months, after considering all the relevant aspects. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms