IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WA.No. 1191 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26257/2004 Dated 14/10/2009 .................... APPELLANT(S): PETITIONER IN THE W.P.(C) --------------------------------------- RAJASREE,THAMPURATTI,AGED 48, D/O.NARAYANAN NAMBOOTHIRI,PUTHENPURAYIL KOVILAKAM, CHENNITHALA,MAVELIKKARA,ST.JOHN'S HIGHER SECONDARY SCHOOL,MATTOM,MAVELIKKARA. BY ADV. SRI.BENOY THOMAS RESPONDENT(S): RESPONDENTS 1 TO 3 IN THE W.P.(C) ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,THIRUVANANTHAPURAM. 3. THE MANAGER,ST.JOHN'S HIGHER SECONDARY SCHOOL,MAVELIKKARA. R1 AND R2 BY G.P. SMT. T.B. RAMANI THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2010, ALONG WITH WA NO. 1201 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.A. Nos. 1191 & 1201 of 2010 -------------------------------------------- Dated this the 3rd day of August, 2010 JUDGMENT Ramachandran Nair, J. While the appellant in W.A.No. 1201 of 2010 joined service as Higher Secondary School Teacher in Political Science on 30.10.2000 the appellant in W.A.No. 1191 of 2010 joined service as Higher Secondary School Teacher in Hindi on 3.10.2000. Both the appellants, besides holding post-graduate degree in their respective subjects, have taken M.Phil. degree, one from Jawaharlal Nehru University and the other from Hindi Prachar Sabha. Even though B.Ed. was also a required qualification for appointment as Higher Secondary school Teacher, Government vide Ext.P5 dated 15.7.1998 produced in W.A.No. 1201 of 2010 granted initial exemption from B.Ed. qualification for those who have obtained Ph.D., M.Phil, JRF, NET, etc. for three years. Both the appellants joined service without B.Ed. qualification by virtue of this exemption because both the appellants were holding M.Phil. degrees. However, after the expiry of three year WA 1191 & 1201/2010 2 period provided in Ext.P5 Government issued Exts. P13 and P16 whereby exemption from acquiring B.Ed. qualification was granted only to Ph.D. holders and benefit was declined to M.Phil degree holders, who were granted further grace period to acquire B.Ed. qualification. Time initially granted upto 1.11.2006 was further extended vide Ext.P18 (WPC 26257/2004) to 1.11.2008. Even though appointments of appellants were approved, the same was subject to acquiring B.Ed. degree. Appellants have approached this Court stating that since Ph.D. degree holders were granted permanent exemption from acquiring B.Ed. degree, they being M.Phil degree holders should also be granted exemption. In fact, the representation filed on behalf of M.Phil. degree holders Association was rejected by the Government vide Ext.P15 on 14.6.2004. When the appellants challenged the same before this Court this Court vide Ext.P17 judgment directed the Government to reconsider the matter untrammelled by the previous Government orders. It is thereafter that Ext.P18 was issued whereunder Government reconfirmed Ext.P16 whereby exemption from B.Ed. was limited only to Ph.D. degree holders, who joined service prior to 14.11.2000, but simultaneously declined exemption to WA 1191 & 1201/2010 3 M.Phil. degree holders who joined service during the very same period. It is stated that 14.11.2000 is fixed as a cut-off date for granting exemption to Ph.D. degree holders from acquiring B.Ed. degree for appointment as Higher Secondary School Teacher because that is the date on which the Supreme Court disposed of batch cases holding that those appointments made should not be cancelled and Government was free to make rules for future appointments. It is conceded that Rules are later made prescribing B.Ed. as a compulsory qualification along with post-graduation for appointment as Higher Secondary School Teacher. The short question that arises for consideration is whether the Government was justified in declining exemption to appellants who have M.Phil degree and who were appointed prior to 14.11.2000 when exemption was granted to Ph.D. degree holders who were also appointed prior to 14.11.2000. 2. The contention of appellants is that M.Phil. is a degree obtained after obtaining post-graduate degree in the subject. Even though M.Phil may not be equivalent to Ph.D. the same is comparable to Ph.D. and so much so, the same benefit of exemption granted to Ph.D. degree holders should be extended to appellants, is their case. WA 1191 & 1201/2010 4 Government Pleader on the other hand contended that so long as M.Phil. is not equivalent to Ph.D. there is no discrimination and so much so appellants, not being Ph.D. degree holders, are not entitled to be given exemption granted by the Government from acquiring B.Ed. qualification. We are unable to accept the contention of the Government Pleader because what is relevant is not whether M.Phil. degree is equivalent to Ph.D. degree or not. But the question is what is the basis for the Government to grant exemption to Ph.D. degree holders appointed prior to 14.11.2000 from acquiring B.Ed. degree when all others, including M.Phil. degree holders, were required to acquire B.Ed. degree within the period stipulated by the Government. Admittedly Ph.D. is not equivalent or in any way connected with B.Ed. which is nothing but a training course. Therefore what weighed with the Government is the additional qualification acquired by the candidate over and above the post-graduate degree that entitles a candidate for exemption. If this principle is adopted, then we see no reason why M.Phil. cannot be treated though not equivalent to Ph.D., but a qualification sufficient to entitle the appellants for exemption, because it is also a degree obtained from a recognised University after WA 1191 & 1201/2010 5 acquiring post-graduate degree in the subject. While granting exemption for initial period of three years in 1998 the Government treated M.Phil. as equivalent to Ph.D. Therefore we do not find any justification for making a differentiation between M.Phil. and Ph.D. while granting permanent exemption from acquiring B.Ed. qualification for those who joined service before the cut-off date, that is 14.11.2000. One additional feature in these two cases is that both the appellants are by now having 10 years of teaching experience in the Higher Secondary School. Since appellants were granted exemption for three years initially and further time is extended upto 1.11.2008 by Government orders and thereafter the learned single Judge has granted time to acquire B.Ed. qualification, we do not find any justification to send the appellants for B.Ed. after 10 years of service as Higher Secondary School Teachers. It is seen that the appellant in W.A.No. 1191 of 2010 has a qualification which was treated as equivalent to B.Ed. for the purpose of qualifying her for appointment as High School Teacher. In other words, she has a training qualification from a recognised institute which qualified her for appointment as High School Teacher. Promotion is also provided in prescribed ratio from WA 1191 & 1201/2010 6 High school Teacher to Higher Secondary School Teacher. Since both the appellants are M.Phil degree holders and since they were granted exemption initially, and their appointments were approved by virtue of Ext.P5 exemption granted and since Ph.D. degree holders who were appointed like appellants prior to 14.11.2000, were granted exemption, we hold that appellants are also entitled to exemption from acquiring B.Ed. qualification. We declare so and direct the respondents to regularise the appointments of appellants from the date of entry into service. We make it clear that this judgment is rendered on the peculiar facts of this case, and should not be treated as a general direction to exempt all M.Phil degree holders from acquiring B.Ed. qualification. Writ Appeals are allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WA 1191 & 1201/2010 7