IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 16163 of 2006(Y) -------------------------- PETITIONER: ------------------- AMBIKA P., H.S.S.T. (HISTORY), KANDAMANGALAM HIGHER SECONDARY SCHOOL, KADAKKARAPPALLY P.O., CHERTHALA, ALLEPPEY DISTRICT. BY ADV. SRI.V.K.MOHAMMED YOUSUF ADV. SMT.SHAMEENA SALAHUDHEEN RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATION OFFICER, CHERTHALA. 4. THE MANAGER, H.S.S. KANDAMANGALAM, KADAKKARAPPALLY P.O., CHERTHALA, ALLEPPEY. R1 TO R3 BY GOVERNMENT PLEADER ADV. SHRI K.R. SABU. R4 BY ADV. SRI.V.A.MUHAMMED AND ADV. SRI.K.E.HAMZA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16163 of 2006(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTO COPY OF NOTIFICATION IN MALAYALA MANORAMA DATED 19/05/2001. EXT.P2: PHOTO COPY OF THE PROFORMA OF PLUS TWO TEACHERS OF HSS KANDAMANGALAM DATED 14/7/01. EXT.P3: PHOTO COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 16/7/01. EXT.P4: PHOTO COPY OF C.S. STATEMENT MADE BY THE 4TH RESPONDENT DATED NIL. EXT.P5: PHOTO COPY OF JOINING REPORT OF THE PETITIONER ISSUED BY PRINCIPAL, HSS, KANDAMANGALAM DATED 16/7/01. EXT.P6: PHOTO COPY OF COVERING LETTER NO. 265/01 BY THE 4TH RESPONDENT DATED 16/7/01. EXT.P7: PHOTO COPY OF THE LETTER ISSUED BY 2ND RESPONDENT TO THE 4TH RESPONDENT VIDE REF.NO. Acd. C3/18603/HSC DATED 17/6/04. EXT.P8: PHOTOCOPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER VIDE NO. 6851/T2/05/G.Edn DATED 6/12/05. EXT.P9: PHOTO COPY OF THE G.O.(Rt)NO. 124/05/G.Edn. DATED 6/1/05. EXT.P10: PHOTOCOPY OF THE PETITION/REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 5/6/06. EXT.P11: PHOTO COPY OF THE CERTIFICATE FOR ATTENDING B.Ed WORKSHOP PROGRAMME DATED 24/5/08. EXT.P12: PHOTOCOPY OF THE CERTIFICATE ISSUED BY PRINCIPAL , HSS, KANDAMANGALAM DATED 14/7/08. EXT.P13: PHOTOCOPY OF ORDER ISSUED BY THE 1st RESPONDENT EXEMPTING FROM ACQUIRING B.Ed FOR THE APPOINTMENT AS HSST VIDE G.O. (Rt) 124/05/G.Edn. DATED 6/1/05. EXT.P14: PHOTO COPY OF THE PROCEEDINGS OF 2ND RESPONDENT NO.Acd.B4/20122/HSC/01 DATED 9/2/07. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 16163 OF 2006 ............................................................................ Dated this the 18th August , 2008 J U D G M E N T The petitioner was appointed as Higher Secondary School Teacher (History) in the Kandamangalam Higher Secondary School, Cherthala as per Ext. P3 order of appointment dated 16.07.2001. It is stated that the petitioner is qualified having M.A., M.Phil degrees. It is further stated that as per G.O.(P) No. 144/01/Gl.Edn dated 16.04.2001 and G.O.(P)No. 331/01/Gl. Edn. dated 09.11.2001 those who are having M.Phil qualification are exempted from acquiring B.Ed qualification for a period of five years from the date of their appointment. It is also stated that the Government have extended the period for acquiring B.Ed degree by another two years in some cases. It is submitted that the petitioner has not so far acquired the B.Ed qualification. The petitioner has submitted Ext. P10 representation dated 05.06.2006 before the first respondent. It would appear that the relief prayed for in that representation is for an order granting permanent exemption from acquiring B.Ed qualification. 2. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of Certiorari to call for the records leading to Ext.P7 order dated 17/6/01 issued by the 2nd respondent stating that the petitioner is not qualified for the post as per Special rules and Ext.P8 order W.P.(C) No. 16163 OF 2006 2 No.6851/T2/05/G.Edn dated 6/12/05 issued by 1st respondent stating that the petitioner is not eligible to get approval of appointment as not fully qualified for the post and quash the same. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondent to approve the appointment of the petitioner as HSST History in the school of 4th respondent with effect from 16/7/01. iii) Issue a writ of mandamus or any other appropriate writ or direction directing the 1st respondent to consider and pass orders on Ext. P10 representation by approving the appointment of the petitioner forthwith. iv) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st and 2nd respondent to declare that the non acquisition of B.Ed by the petitioner who is having M.Phil qualification will not entail any consequences prejudicial to the service of the petitioner as HSST. v) Issue such other appropriate writ order or direction as this Hon'ble court may deem fit and proper. vi) Allow the cost of the Writ Petition.” 3. Among the reliefs sought for in the Writ Petition, the only relief that can be granted to the petitioner for the present is a direction to the first respondent to dispose of Ext.P10 representation. As regards the question whether the petitioner is entitled to get her appointment approved is a matter to be decided by the first respondent. I am not expressing any opinion on the merits of the case. Ext. P10 representation shall be disposed of within a period of two W.P.(C) No. 16163 OF 2006 3 months, after affording an opportunity of being heard to the petitioner, in accordance with law. 4. It is submitted that at present the petitioner is undergoing studies for B.Ed course. The subsequent events can be incorporated in an additional representation, in which case, it shall be treated as part of Ext.P10. The petitioner would be free to produce such other materials and documents, as are relevant before the first respondent in support of her contention. All the contentions of the petitioner are left open. The Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. lk