IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 23206 of 2008(K) -------------------------- PETITIONER(S): --------------- S.SUNIL KUMAR, CHEMBAKASSERY HOUSE, KANJIKKAL, POWDIKONAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.V.B.UNNIRAJ RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BYITS CHIEF SECRETARY. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, PARAPPIL KOZHIKODE. 4. THE MANAGER, THIRUVANGOOR HIGHER SECONDARY SCHOOL, THIRUVANGOOR P.O., KOZHIKODE 673 318. ADV. SRI.V.A.MUHAMMED FOR R4 SRI.K.E.HAMZA FOR R4 SHRI.T.T.MOHAMOOD, GOVERNMENT PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23206/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE M.A.DEGREE CERTIFICATE. P2 : COPY OF THE ORDER PASSED BY SECOND RESPONDENT. P3 : COPY OF THE B.Ed DEGREE CERTIFICATE ISSUED BY IGNOU. P4 : COPY OF RECOGNITION CERTIFICATE OF THE UNIVERSITY OF KERALA. P5 : COPY OF RECOGNITION CERTIFICATE OF THE UNIVERSITY OF CALICUT. P6 : COPY OF THE RECOGNITION CERTIFICATE OF THE MAHATMA GANDHI UNIVERSITY. P7 : COPY OF THE RECOGNITION CERTIFICATE OF THE UNIVERSITY OF KANNUR. P8 : COPY OF THE RECOGNITION CERTIFICATE OF THE UNIVERSITY OF COCHIN. P9 : COPY OF the LETTER DATED 30/04/2005. P10 : COPY OF THE ORDER IN WPC NO.26824/2006. P11 : COPY OF the ORDER PASSED BY THE 2ND RESPONDENT. P12 : COPY OF THE REPRESENTATION FILED by the 2ND RESPONDENT. P13 : COPY OF THE JUDGMENT IN WPC NO.36793/2007. P14 : COPY OF THE ORDER DATED 14/07/2008 PASSED BY THE 2ND RESPONDENT. P15 : COPY OF THE ORDER DATED 25/06/2008 PASSED BY THE 2ND RESPONDENT. P16 : COPY OF THE JUDGMENT IN WPC NO.18654/2008. P17 : COPY OF THE JUDGMENT IN WPC NO.16189/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23206 of 2008 --------------------------------- Dated, this the 18th day of December, 2008 J U D G M E N T The petitioner was appointed as an HSST Junior (Psychology). Subsequently, he was promoted as HSST by order dated 10/08/2002 subject to acquiring B.Ed within five years. The petitioner acquired B.Ed from the Indira Gandhi National Open University under Distance Education Programme in June, 2006. However, approval has been rejected by Ext.P14 order for the reason that the B.Ed degree acquired by the petitioner is not a regular one as stipulated in the Special Rules. It is challenging Ext.P14, the writ petition is filed. 2. The learned counsel for the petitioner relies on the judgment of this Court in State of Kerala and another v. Suja Kumari and Another (ILR 2006(1) Kerala 431) and contends that the issue is concluded in his favour. Although, it is also contended that there is no regular course for B.Ed in Psychology anywhere in the country, I do not think it necessary for me to conclusively decide that issue, as even otherwise the petitioner is entitled to succeed. 3. The learned Government Pleader though does not dispute about the applicability of the judgment referred to above, points out that the issue is pending in appeal before the Apex Court, and WP(C) No.23206/2008 -2- therefore, submits that approval cannot be granted at this stage. 4. As already noticed, the issue at present is covered by the judgment referred to above. Though the appeal has been filed nobody has a case that the judgment is stayed by the Apex Court. Following the judgment referred to above, several cases have been disposed of directing that approval should be granted. Exts.P16 and P17 are two such judgments. 5. In the light of all these, I see no justification to decline the relief to the petitioner. Accordingly, Ext.P14 will stand quashed and the 2nd respondent is directed to approve the appointment of the petitioner. However, the approval granted will be subject to the outcome of the appeal that is now pending before the Apex Court against the judgment in State of Kerala and another v. Suja Kumari and another. The writ petition is, disposed of as above. 6. Needless to say that necessary orders granting approval will be passed and benefits released as expeditiously as possible, at any rate, within eight weeks of production of a copy of the judgment. (ANTONY DOMINIC, JUDGE) jg