IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 11568 of 2008(B) -------------------------- PETITIONER: ------------ BESSY MATHEW, D/O.GEORGE MATHEW, THUMPAMON NORTH P.O., ELAVANTHITTA,PATHANAMTHITTA. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, VOCATIONAL HIGHER SECONDARY EDUCATION, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. 3. THE MANAGER, MAR BASIL VHS SCHOOL, SENAPATHY, IDUKKI. BY G.P. SHRI T.T.MUHAMOOD BY ADV. SRI.V.RAJENDRAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PG. DEGREE CERTIFICATE EXT.P2 TRUE COPY OF B.ED DEGREE CERTIFICATE EXT,.P3 TRUE COPY OF SET EXT.P4 TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED BY THE KERALA UNIVERSITY EXT.P5 TRUE COPY OF NOTIFICATION ISSUED BY THE THIRD RESPONDENT MATHRUBUMI DAILY DATED 25.11.2007 EXT.P6 TRUE COPY OF COVERING LETTER EXT.P7 TRUE COPY OF CORRECTED NOTIFICATION EXT.P8 TRUE COPY OF THE INTERVIEW CARD EXT.P9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR TO THE MANAGER EXT.P10 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE GOVT. IN WP(C) NO.12209/2006 EXT.P11 TRUE COPY OF THE JUDGMENT IN WP(C) NO.12209/2006 DATED 25.8.2006 OF THIS COURT EXT.P12 TRUE COPY OF THE TERMS OF THE ORDER ISSUED BY THE DIRECTOR ON 19.1.2007 RESPONDENTS' EXHIBITS: EXT. R1(a) TRUE COPY OF THE JUDGMENT DATED 28.1.2008 IN WA NO.2972/07 //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.11568 of 2008 B -------------------------------------- Dated this the 22nd day of July, 2008. J U D G M E N T The selection of the petitioner as Non Vocational Teacher in General Foundation Course (Junior) was rejected by the Director of Vocational Higher Secondary Education, as per Ext.P9 order dated 4.3.2008 on the ground that the petitioner did not possess the required qualification as per the Special Rules, i.e., she did not acquire Master's Degree through a regular course of study. The selection was accordingly rejected and the Manager was directed to advertise the vacancy afresh after observing the procedure. 2. The reliefs prayed for in the Writ Petition are the following:- “(i) to issue a writ of certiorari quashing Ext.P9 in so far as it cancel the selection and appointment of the petitioner and the direction issued thereunder to issue fresh advertisement; WP(C) No.11568/2008 2 (ii) to declare that Note 1 to the Kerala Vocational Higher Secondary Education subordinate Service rules insisting degree be one acquired from recognised Universities in Kerala is inconsistent with the rules prescribing the qualification and inoperative; (iii) to issue a writ of mandamus, order or direction commanding and compelling the respondents to issue appointment order to the petitioner and grant her consequential approval of appointment of the petitioner; (iv) to issue an interim stay of all further proceedings pursuant to Ext.P9 pending final disposal of the writ petition; And (v) To issue such other writ, order or direction as this Honourable Court may deem fit and proper in the circumstances of this case.” WP(C) No.11568/2008 3 3. It is submitted by the learned counsel for the petitioner as well as the counsel appearing for the respondents that the question involved in the Writ Petition is covered by the judgment dated 28.1.2008 in W.A.No.2972 of 2007, wherein interpreting Rule 4 of the Special Rules for the Vocational Higher Secondary Education State Service, a Division Bench of this Court has taken the view that it is not necessary to have a regular course of study for the purpose of acquiring the degree concerned. In view of the decision rendered in W.A.No.2972 of 2007, Ext.P9 order dated 4.3.2008 is liable to be quashed. The Writ Petition is allowed. Ext.P9 order dated 4.3.2008 issued by the Director of Vocational Higher Secondary Education is quashed. The Director of Vocational Higher Secondary Education shall consider the matter afresh in the light of the dictum laid down by this Court in the judgment dated 28.1.2008 in W.A.No.2972 of 2007 and shall pass fresh orders within a period of one month. K.T. SANKARAN, JUDGE. cks