IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 30918 of 2007(E) ------------------------------------ PETITIONER(S): ----------------------- BIJI.V.A., AGED 29 YEARS, W/O.SUNISH, VOCATIONAL TEACHER IN OFFICE SECRETARY SHIP, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM, IDUKKI DISTRICT. BY ADVS.MR.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS MR.L.RAM MOHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, TRICHUR. 3. THE ASSISTANT DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, TRICHUR. 4. MANAGER, SNMVHSS, VANNAPPURAM, IDUKKI DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30918 OF 2007 --------------------------------------- Dated this the 14th day of October, 2009. J U D G M E N T The petitioner herein was appointed as Vocational Teacher in Office Secretaryship in the S.N.M Vocational Higher Secondary School, Vannappuram in Idukki District. The appointment was made on 03.07.2002. The petitioner submitted the application pursuant to Exhibit P1 advertisement. 2. The petitioner was having the following qualifications namely, (i) M.Com Degree with 46.3% marks, (ii) Typewriting English (Higher), (iii) Shorthand English (Higher) and (iv) PGDCA. It is pointed out by the petitioner in the writ petition that in spite of Exhibits P2 and P3 advertisements, no other qualified hands applied for the post. The petitioner has also produced Exhibits P6 to P9 orders whereby the Government granted temporary exemption to various teachers in the Vocational Higher W.P.(C) No.30918/2007 2 Secondary Course from the prescribed qualifications. It is also stated in the writ petition that the appointment of the petitioner was prior to the coming into force of the Kerala Vocational Higher Secondary Education State Service Rules, 2004. But approval of her appointment was not granted. 3. The petitioner approached this Court earlier by filing W.P.(C) No.5764/2006, which was dismissed. The matter was taken up in appeal as Writ Appeal No.1045/2006. By Exhibit P10 judgment, this Court directed the petitioner to file a representation before the Government. Accordingly, she filed Exhibit P11 representation and finally, by Exhibit P12, the same was rejected. 4. In this writ petition, the petitioner challenges Exhibit P12. The Government rejected the representation finding that as per the rules in force then M.Com degree with 50% marks and a pass in Typewriting and Shorthand Lower are the prescribed qualifications for appointment to the post. Since the petitioner was having only a 3rd class P.G Degree, the Government found no reason to relax the qualification. By an W.P.(C) No.30918/2007 3 interim order dated 25.10.2007, the petitioner was allowed to file appropriate representation after appearing for the improvement examination. 5. Along with I.A.No.8379/2009, the petitioner has produced Exhibits P13 to P15 provisional certificates and mark list which show that the petitioner has secured 55% marks in M.Com from Madurai Kamaraj University. Exhibit P16 is the copy of the equivalency certificate issued by the M.G.University stating that the M.Com Degree issued by the Kamaraj University, Madurai is recognized as equivalent to the M.Com of M.G.University, Kottayam. 6. Learned counsel for the petitioner therefore, prayed that the Government may be directed to reconsider the matter in the light of the additional documents produced by the petitioner as referred to above. Therefore, this writ petition is disposed of with the following directions: The petitioner will produce the originals of Exhibits P13 to P16 before the 1st respondent along with a representation seeking W.P.(C) No.30918/2007 4 for approval of her appointment. To enable the Government to take a fresh decision in the matter, Exhibit P12 is set aside. Appropriate orders shall be passed, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp