IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 11049 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------ DR.HARILAL.K. S/O. K.KUTTAPPAN, LAL BHAVAN, EDAMALI, PARAKKARA P.O. THATTAYIL, PATHANAMTHITTA (HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM) IN SNDP HIGHER SECONDARY SCHOOL, CHENNEERKKARA) BY ADV. MR.S.SUBHASH CHAND RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION/HIGHER SECONDARY EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, 3. REGIONAL DEPUTY DIRECOT, OFFICE OF THE DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, 4TH FLOOR, PALAYAM, THIRUVANANTHAPURAM. 4. MANAGER, SNDP HIGHER SECONDARY SCHOOL CHENNEERKKARA. BY GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11049/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT. 3.10.98 ISSUED BY RESPONDENT NO.4. P2:- COPY OF THE ORDER OF APPROVAL DT. 6.8.99 THUS PASSED BY RESPONDENT NO.2. P3:- COPY OF THE M.A. DEGREE CERTIFICATE ISSUED BY MAHATMA GANDHI UNIVERSITY. P4:- COPY OF THE M.PHIL DEGREE CERTIFICATE ISSUED BY SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. P5:- COPY OF THE ORDER BEARING NO.ACD-C1/3019/HSE/99 DT. 1.6.02 ISSUED BY RESPONDENT NO.2. P6:- COPY OF THE PROVISIONAL CERTIFICATE DT. 1.10.03 ISSUED FROM SREE SANKARACHARYA UNIVERSITY OF SANSKRIT ,KALADY. P7:- COPY OF THE B.ED. DEGREE CERTIFICATE DT. 24.8.04 ISSUED FROM MAHATMA GANDHI UNIVERSITY. P7(a):- COPY OF THE MARK LIST DT. 6.2.04 INDICATING THE MARKS OBTAINED BY THE PETITIONER FOR B.ED. DEGREE EXAMINATION ISSUED FROM MAHATMA GANDHI UNIVERSITY. P8:- COPY OF THE GOVERNMENT ORDER BEARING GO(RT) NO.102/04/G1.EDN. DT. 7.1.04. P9:- COPY OF THE ORDER NO.ACD.A3/3019/HSE/99 DT. 102.09 ISSUED BY RESPONDENT NO.2. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11049 of 2009-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of June, 2009. JUDGMENT The issue concerns grant of approval to the petitioner’s appointment as HSST Malayalam in the school managed by the 4th respondent. The petitioner was appointed as HSST (Malayalam P.T.J.) on 3.10.1998 which is evident from Ext.P1 order of appointment. The same has been approved as per Ext.P2 with a specific condition, i.e. subject to passing of B.Ed. Degree within three years from the date of appointment. Ext.P5 is the subsequent order passed, whereby the period was extended by two more years. Therefore, the petitioner had to acquire the B.Ed. degree before 1.11.2003. In the meanwhile, the post was upgraded as a full time one with effect from 15.7.1999 onwards. 2. Ext.P8 is the order passed by the Government regarding regularisation of appointment of HSSTs who were appointed prior to 14.11.2000 and who have not acquired B.Ed. but continuing on the strength of Ph.D., M.Phil, etc. The Government held that those who are holding M.Phil/JRF/NET and who were purely appointed as per Govt. Order dated 15.7.1998 and were continuing in service as on 14.11.2000, will be given a wpc 11049/2009 2 summary period upto 1.11.2006 to acquire B.Ed. It is specified therein that no further extension of grace period will be allowed on any account. The services of these teachers shall be regularised with effect from the date of entry in service after they acquire B.Ed. The name of the petitioner is mentioned as serial No.17. Going by the same, he was appointed on 3.10.1998 and had acquired M.Phil. in October, 1996. 3. Presently, the Director has granted approval only with effect from 6.2.2004 as per Ext.P9 which corresponds to the date on which the mark list was issued to the petitioner as per Ext.P7(a). The same is under challenge in this writ petition. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. 5. The appointment is liable to be approved with effect from the date of appointment itself. Ext.P8 concerns regularisation after the acquisition of B.Ed. degree. The date now chosen by the Director, i.e. 6.2.2004 does not corresponds to both these dates. The entitlement of the petitioner for approval is with effect from the date of appointment, viz. 3.10.1998, as he has acquired B.Ed. within the period allowed. In that view of the matter, Ext.P9 will stand quashed. There will be a direction to the second respondent to pass appropriate orders regarding the grant of approval to the wpc 11049/2009 3 appointment of the petitioner, in accordance with the findings rendered above, within a period of one month from the date of production of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/