IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20350 of 2008(V) -------------------------- PETITIONER: ------------ ANIL KUMAR.T., AGED 40, S/O.N.THANKAPPAN HSST (SOCIOLOGY), SNDP HASS, UDAYAMPEROOR BY ADV. SRI.BENOY THOMAS RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING THIRUVANANTHAPURAM 3. REGIONAL DEPUTY DIRECTOR, O/O.THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUDCATION, EDAPPALLY, ERNAKULAM. 4. MANAGER, THE CORPORATE MANAGEMENT OF SNDP YOGAM SCHOOLS, KOLLAM. BY G.P. SHRI T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.20350 of 2008 V -------------------------------------- Dated this the 7th day of July, 2008. J U D G M E N T The petitioner is working as Higher Secondary School Teacher (Sociology) at S.N.D.P. H.S.S., Udayamperoor, Ernakulam District. It is stated that the petitioner is having the degree of M.A. Sociology at the time of appointment. It was necessary to acquire B.Ed. Degree for continuing in the post. Three years' time was granted to acquire B.Ed. Degree as per Ext.P3 Government Order dated 13.5.1999. It is stated that the period was being extended from time to time by the Government and the last extension was as per Ext.P4 Government Order dated 29.8.2006. It is stated in Ext.P4 Government Order thus - “8. In toto Government do not think it necessary to reconsider the stand taken earlier vide Government Order dated: 13.10.2004 and reiterate that the petitioners cannot be exempted permanently from acquiring B.Ed.Degree on a regular basis. The only relief Government can offer to the petitioners is that the time granted for acquisition of the B.Ed. Degree as per Government Order dated: 6.1.2005 can be WP(C) No.20350/2008 2 extended for one more year ie. upto 1.11.2008 on condition that no further extension in any way will be granted in future.” 2. The petitioner submitted Ext.P5 representation dated 1.6.2008 before the first respondent, praying to extend the time for acquiring B.Ed. Degree till the end of the academic year 2008-2009. It is stated in Ext.P5 representation that the B.Ed. Course attended to by the petitioner would be over only by December, 2008 and the results would be declared by the end of the academic year 2008-2009, i.e., March, 2009. Ext.P5 representation is pending before the first respondent. 3. The only relief which the petitioner prays for is to direct the first respondent to dispose of Ext.P5 representation, after affording an opportunity of being heard to the petitioner. The request is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner:- (i) The first respondent shall consider and dispose of Ext.P5 representation dated 1.6.2008 submitted by the petitioner as expeditiously as possible, and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner. WP(C) No.20350/2008 3 (ii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the first respondent. (iii) It is made clear that I have not considered the case of the petitioner on the merits of his claim. K.T. SANKARAN, JUDGE. cks