IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 14673 of 2009(D) --------------------------------------- PETITIONERS: --------------------- 1. N. GOPALAKRISHNA PILLAI, LECTURER, DISTRICT INSTITUTE OF EDUCATION AND TRAINING (DIET) CHENGANNUR, ALAPPUZHA DISTRICT. 2. L.K. JYOTHISHKUMAR, LECTURER, DISTRICT INSTITUTE OF EDUCATION AND TRAINING (DIET), ATTINGAL, THIRUVANANTHAPURAM. BY ADVS. SRI.P.K.SURESH KUMAR, SRI.V.C.MADHAVANKUTTY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT., DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14673/2009-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. A/298/07 DTD. 04/12/2007 ISSUED BY THE PRINCIPAL, DIET, CHENGANNUR. EXT.P.2: COPY OF THE COMMUNICATION NO.C/363/06 DTD. 03/06/2006 ISSUED BY THE PRINCIPAL, DIET, CHENGANNUR. EXT.P.3: COPY OF THE PROCEEDINGS NO.A/278/07 DTD. 20/07/2007 ISSUED BY THE PRINCIPAL, DIET, CHENGANNUR. EXT.P.4: COPY OF THE CERTIFICATE ISSUED BY THE CCRT TO THE P.1. FOR THE PARTICIPATION OF WORKSHOP ON SOCIALLY USEFUL PRODUCTIVE WORK/WORK EXPERIENCE FROM 13 TO 23 OF 2007. EXT.P.5: COPY OF THE CERTIFICATE ISSUED BY THE CCRT FOR ATTENDING THE WORKSHOP ON `CULTURAL COMPONENT IN EDUCATION' FROM FEBRUARY 21 TO MARCH 2, 2007. EXT.P.6: COPY OF THE CERTIFICATE ISSUED BY THE NCERT TO THE P.1. FOR THE PARTICIPATION OF THE TRAINING COURSE ON `METHODOLOGY OF WOMENS EDUCATION AND DEVELOPMENT' FROM 11/11/2002 TO 20/12/2002. EXT.P.7: COPY OF THE CERTIFICATE ISSUED BY THE REGIONAL INSTITUTE OF ENGLISH SOUTH INDIA TO THE P.1. FOR ATTENDING THE COURSE OF INSTITUTIONS IN ENGLISH LANGUAGE TEACHING AT THE SCHOOL LEVEL FROM 19/11/2001 TO 16/02/2002. EXT.P.8: COPY OF THE CERTIFICATE ISSUED TO THE P.1. BY THE CCRT FOR ATTENDING THE ORIENTATION COURSE ORGANISED FOR LECTURERS OF DIET FROM 05/07/2000 TO 28/07/2000. EXT.P.9: COPY OF THE CERTTIFICATE ISSUED TO THE P.1. BY THE NCERT FOR THE PARTICIPATION IN THE MILLENNIUM INTERSTATE CAMP FROM 03/05/2000 TO 12/05/2000. EXT.P.10: COPY OF THE CERTIFICATE ISSUED TO THE P.1. BY THE INSTITUTE OF MANAGEMENT IN GOVT., FOR THE PARTICIPATION IN THE TRAINING OF TRAINERS FROM 09/03/1998 TO 13/03/1998. EXT.P.11: COPY OF THE CERTIFICATE ISSUED TO THE P.1. BY THE CCRT FOR PARTICIPATING THE WORKSHOP ON ROLL OF MUSEUM IN EDUCATION ORGANIZED FROM 15/07/1997 TO 26/07/1997. EXT.P.12: COPY OF THE CERTIFICATE ISSUED FROM THE NCERT TO THE P.1. FOR PARTICIPATING THE TRAINING PROGRAMME FOR DIET FACULTY FROM 25/03/1996 TO 03/04/1996. W.P.(C). NO.14673/2009-D: EXT.P.13: COPY OF THE CERTIFICATE ISSUED BY THE CCRT TO THE P.1. FOR PARTICIPATING THE WORKSHOP ON SOCIALLY USEFUL PRODUCTIVE WORK/WORK EXPERIENCE FROM 1/10/1995 TO 10/10/1995. EXT.P.14: COPY OF THE CERTIFICATE ISSUED FROM THE NCRT TO THE P.1. FOR PARTICIPATING THE TRAINING PROGRAMME FOR DIET FACULTY IN SPECIAL EDUCATION FROM 13/02/1995 TO 24/02/95. EXT.P.15: COPY OF THE MEMO ISSUED FROM THE KANNUR UNIVERSITY TO THE P.1. STATING THAT P.1. IS QUALIFIED TO CONTINUE THE RESEARCH WORK ON THE TOPIC, `RELEVANCE OF MUSIC EDUCATION IN THE SCHOOLS OF KERALA'. EXT.P.16: COPY OF THE CERTIFICATE ISSUED BY THE CCRT TO THE P.2. FOR PARTICIPATING THE WORKSHOP ON `SOCIALLY USEFUL PRODUCTIVE WORK/WORK EXPERIENCE' FROM 23/10/2007 TO 03/11/2007. EXT.P.17: COPY OF THE CERTIFICATE ISSUED BY THE SCERT TO THE P.2. FOR PARTICIPATING IN THE WORKSHOP FOR `PROSPECTIVE TEXT BOOK WRITERS' FROM 14/7/97 TO 16/7/97. EXT.P.18: COPY OF THE ANSWER GIVEN BY THE MINISTER FOR EDUCATION TO AN M.L.A. IN THE FLOOR OF KERALA LEGISLATIVE ASSEMBLY ON 04/07/2008 WITH REGARD TO THE CRITERIA FOR PROMOTION TO THE POST OF SENIOR LECTURERS IN DIET. EXT.P.19: COPY OF THE COMMUNICATION ISSUED DTD. 25/04/2008 BY THE STATE PUBLIC INFORMATION OFFICER ON THE BASIS OF AN APPLICATION UNDER THE RIGHT TO INFORMATION ACT. EXT.P.20: COPY OF THE SENIORITY LIST OF LECTURERS IN DIET FOR THE PERIOD FROM 01/01/1989 TO 31/12/2005 ISSUED BY THE R.2. AS PER ORDER NO. D6/43559/05/DPI DTD. 25/11/2006 ISSUED BY THE R.2. EXT.P.21: COPY OF THE ORDER NO. D6/54896/07/DPI DTD. 18/03/2008 ISSUED BY THE R.2. EXT.P.22: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. TO THE R.2. THROUGH THE PRINCIPAL, DIET, CHENGANNUR. EXT.P.23: COPY OF THE REPRESENTATION SUBMITTED BY THE P.2. TO THE R.2. DTD. 03/02/2009 THROUGH THE PRINCIPAL, DIET ATTINGAL. EXT.P.24: COPY OF THE JUDGEMENT DTD. 02/03/2009 IN WRIT PETITION (CIVIL) NO.5710/2009 OF THE HIGH COURT OF KERALA. EXT.P.25: COPY OF THE HEARING NOTE DTD. 29/04/2009 SUBMITTED BY THE PETITIONERS BEFORE THE R.2. EXT.P.26: COPY OF THE ORDER NO. K. DIS. D6/12555/09/DPI DTD. 07/05/2009 SISUED BY THE R.2. W.P.(C). NO.14673/2009-D: EXT.P.27: COPY OF THE GUIDELINES ISSUED BY THE MINISTRY OF HUMAN RESOURCES AND DEVELOPMENT REGARDING RECRUITMENT PROCEDURES, ELIGIBILITY CRITERIA AND CADRE MANAGEMENT ALONG WITH POST-WISE SUGGESTED ELIGIBILITY CRITERIA. EXT.P.28: COPY OF THE NOTIFICATION VIDE NO.D3/103715/92 DTD. 15/05/1993 ISSUED BY THE R.2. EXT.P.29: COPY OF THE G.O.(RT).NO.3538/2007/G. EDN. DTD. 31/07/2007 ISSUED BY THE R.1. EXT.P.30: COPY OF THE ORDER NO.D6/54896/07/DPI DTD. 22/10/2007 ISSUED BY THE R.2. EXT.P.31: COPY OF THE G.O. NO. 1412/2008/G. EDN. DTD. 19/03/2008 ISSUED BY THE R.1. EXT.P.32: COPY OF THE G.O.(RT).NO.5086/2007/G. EDN. DTD. 06/11/2007 ISSUED BY THE R.1. EXT.P.33: COPY OF THE G.O.(RT).NO.419/2008/G. EDN. DTD. 21/01/2008 ISSUED BY THE R.1. EXT.P.34: COPY OF THE ORDER NO.D6/4489/04/DPI DTD. 17/08/2004 ISSUED BY THE R.2. EXT.P.35: COPY OF THE M.A. DEGREE CERTIFICATE ISSUED FROM THE UNIVERSITY OF DELHI. EXT.P.36: COPY OF THE CERTIFICATE ISSUED FROM THE UNIVERSITY DTD. 04/08/1994 OF DELHI. EXT.P.37: COPY OF THE CERTIFICATE ISSUED BY THE COMMISSIONER FOR GOVT. EXAMINATIONS, THIRUVANANTHAPURAM DTD. 05/09/1986. EXT.P.38: COPY OF THE CERTIFICATES ISSUED BY THE PRINCIPAL, DIET, THIRUVANANTHAPURAM DTD. 26/11/2009. EXT.P.39: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO.8086/09 DTD. 08/09/2009. EXT.P.40: COPY OF THE G.O.(RT).NO.4915/2009/G. EDN. DTD. 24/11/2009 ISSUED BY THE R.1. EXT.P.41: COPY OF THE G.O.(ORDINARY) NO.45/2010/G. EDN. DTD. 02/01/2010 ISSUED BY THE R.1. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14673/2009-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of October, 2010 J U D G M E N T The petitioners are Lecturers working in the District Institute of Education and Training (DIET) in Chengannur and Attingal respectively. They are mainly aggrieved by the rejection of their claim for promotion to the post of Senior Lecturers. Ext.P26 is the proceedings of the Director of Public Instruction which is under challenge. 2. The view taken in Ext.P26 is that the petitioners have not been included in the seniority list for lack of required eligibilities and, accordingly, their representations have been rejected. 3. The case of the petitioners in a nut shell is the following: The first petitioner is a M.A Degree and Diploma holder in Music. He is having Ganapraveen from Swathi Thirunal College of Music, Thiruvananthapuram, Sangeetha Shiromani from Delhi University, Advanced Study from South Zone Cultural Centre, Thanjavur, Chennai and doing Ph.D under the guidance of two competent Guides at Kannur University. He is also having experience of various capacities. The W.P.(C). No.14673/2009 -:2:- second petitioner is M.P.E., M.Phil (Physical Education) Degree holder. He is also having varied experience. 4. They have been appointed as Lecturers in the faculties of Art Education and Physical Education. 5. The petitioners' claim is for promotion to the post of Senior Lecturers in DIET. They submitted Exts.P22 and P23 representations claiming promotion and since there was delay in considering the same, they approached this Court by filing W.P.(C).No.5710/2009 which was disposed of by Ext.P24 Judgment. They have been offered a hearing also and, Ext.P25 is the copy of the hearing note submitted by them. The learned counsel for the petitioners submitted that the guidelines for promotion are those provided under Ext.P27. Ext.P27 is one framed by the Ministry of Human Resources and Development, New Delhi. My attention was invited to the qualification for the post of Lecturer in Physical Education and Art Education. In Ext.P26, the view taken is that the petitioners are not having the qualifications as suggested by the MHRD, namely, Masters Degree in Humanities/Social Sciences/Sciences etc.. It is not disputed that the petitioners are not having the said qualification. Apart from the same, the other difficulty for the petitioners is the absence of Senior Lecturer posts W.P.(C). No.14673/2009 -:3:- in Art Education and Physical Education. Therefore, unless posts are there, they cannot aspire for promotion also. Evidently, this will result in the stagnation of the petitioners in the present posts they are working. It is pointed out that to acquire M.Ed. also there are no facilities in Music or Physical Education. This is a matter for the authority to consider evidently. But, still this Court may not be justified in interfering with Ext.P26 since the above scenario will show that the fact that the petitioners are not having the qualifications for promotion in other faculties also, even though the learned counsel for the petitioners submitted that it is as per the seniority list, various persons are considered for promotion in different faculties. Even if seniority will be a criteria, qualifications are essential. All aspects have been explained in the counter affidavit. 6. Therefore, the chances for promotion as far as the petitioners are concerned are not there now. In the reply affidavit it is pointed out that since they are stagnating in the post of Lecturers, at least, they are entitled for the benefits of Higher Grade. This is a matter which the petitioners will have to raise before the authorities concerned by filing appropriate representations. In that W.P.(C). No.14673/2009 -:4:- view of the matter, the challenge against Ext.P26 fails and the writ petition is dismissed. If the petitioners make any claim for grant of higher benefits by filing suitable representations, the same will be considered by the concerned authority and appropriate orders will be passed expeditiously. No costs. (T.R. Ramachandran Nair, Judge.) ms