IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 22677 of 2007(Y) ----------------------------------------- PETITIONER(S): ------------------------ SYAMA PRASAD.V., HSST (ENGLISH)(RTD), A B VILASAM HIGHER SECONDARY SCHOOL, MUHAMMA, ALLEPPY DISTRICT NOW RESIDING AT ASHABHAVANAM, S.N.PURAM P.O., CHERTHALA, ALLEPPEY DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ANOOP.V.NAIR SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, TRIVANDRUM-695001. GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22677/2007 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER BEARING NO.ACD.C3/18600/HSE/2001 DTD.11/06/2004 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P2: COPY OF THE ORDER BEARING NO.ACDC3/18600/HSE/01 DTD. 25/05/2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE ORDER BEARING NO.G.O.(MS) NO.91/2007/G.EDN. DTD. 7/05/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DTD. 11/06/2007 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 22677 OF 2007 Y = = = = = = = = = = = = = = = Dated this the 31st day of October 2008 J U D G M E N T In this writ petition the challenge is against Ext. P1 in so far as the approval is granted to the petitioner with effect from 5.6.2002 as H.S.S.T. (English). 2. Petitioner submits that he was appointed as H.S.S.T. from 7.6.2001. According to him, as he acquired SET qualification only subsequently, his approval was granted by Ext. P1 with effect from 5.6.2002. Counsel for the petitioner also refers to Ext. P3 G.O.(MS) No. 91/2007/G. Edn. dated 7.5.2007 which shows that if an appointee has acquired SET qualification subsequently, still approval will be granted effective from the date of his appointment. On this basis it is contended that since the reason for restricting his approval from 5.6.2002 was that he acquired SET qualification only subsequently, in the light of Ext. P3 Govt. Order referred to above, the error in Ext. P1 shall be corrected. W.P.(C) No. 22677 OF 2007 -2- 3. Though Ext. P1 order shows that the date 5.6.2002 was fixed on the basis that it was on that date classes for Standard XII started for the academic year 2002-03, still according to the petitioner, the reason for fixing the date is that he acquired SET qualification only subsequent to his appointment. If as stated by the petitioner, the reason for fixing 5.6.2002 is that he acquired SET qualification only subsequent to his appointment, the matter shall be re-examined by the 2nd respondent in the light of Ext. P3. 4. Therefore, the writ petition is disposed of directing that if the approval has been granted to the petitioner with effect from 5.6.2002 for the only reason that he acquired SET qualification subsequent to his appointment on 7.6.2001, the matter shall be re- examined by the 2nd respondent in the light of Ext. P3 Govt. Order referred to above and necessary orders shall be passed. ANTONY DOMINIC JUDGE jan/-