IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 9009 of 2009(U) --------------------------------------- PETITIONER(S): ------------------------ BIJUMON GONSALVEZ I., AGED 39 YEARS, S/O. LAWRENCE GONSALVEZ, N.G.BHAVAN, VELLALUMBU, PULLUVILA P.O., THIRUVANANTHAPURAM, NOW WORKING AS HSST SOCIOLOGY, M.C.HSS KOTTUKALKONAM, THIRUVANANTHAPURAM. BY ADV. MR.PAULSON THOMAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. R1 & R2 BY SR.GOVERNMENT PLEADER MT.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9009/209 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPROVAL ORDER OF THE PETITIONER. P2; COPY OF THE ONE SUCH APPROVAL ORDER OF SUJAKUMARY NOW PETITIONER BEFORE THE APEX COURT. P3: COPY OF THE B.Ed DEGREE CERTIFICATE OF THE PETITIONER. P4: COPY OF THE PROCEEDINGS OF THE GOVT. IN THIS REGARD DTD. 30/04/2005. P5: COPY OF THE JUDGMENT IN W.P.C.NO.30201/07 DTD.19/12/2007. P6: COPY OF THE JUDGMENT IN CONTEMPT CASE NO.1026/2008 DTD. 3/09/2008. P7: COPY OF THE REJECTION ORDER DTD. 19/08/2008 PASSED BY THE 2ND RESPONDENT. P8: COPY OF THE G.O.(MS) NO.110/99/G.EDN. DTD. 13/05/1999. P9: COPY OF THE COMMON JUDGMENT IN WPC.NO.21021,21983 AND 35867 DTD.22/06/2004. P10: COPY OF THE JUDGMENT IN W.A.NO.2014 OF 2004 DTD. 5/11/2004. P11: COPY OF THE JUDGMENT IN W.A.NO.2955 OF 2007 DTD.03/01/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9009/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of June, 2009 J U D G M E N T The petitioner herein is working as H.S.S.T Sociology at M.C.H.S.S.T., Kottukalkonam. He was appointed as H.S.S.T Junior Sociology and thereafter, on upgradation of the post as senior/full time post as H.S.S.T with effect from 15/07/2001. Both these appointments were approved by the competent authorities, which is evidenced by Ext.P1. Chapter XXXII of the Kerala Education Rules came into force with effect from 12/11/2001, subsequent to the appointment of the petitioner. Therefore, the qualification and method of appointment are governed by the various executive orders which were in force at the time of his appointment. Two things are important, that there was no stipulation that the candidate should take B.Ed by undergoing a regular course of study and, that the candidate need take B.Ed within five years. Petitioner acquired B.Ed Degree from IGNOU by distance education. As per Ext.P7, it is informed to the petitioner that the B.Ed degree that was acquired by the petitioner is not on the basis of any regular course of study. It is held that recognition of W.P.(C). No.9009/2009 -:2:- B.Ed degree acquired from the Indira Gandhi National Open University is rejected. 2. The issue is covered in favour of the petitioner by the judgment of this Court in State of Kerala v. Suja Kumari [2006 (1) KLT 846]. Along with I.A.No.7004/2009, the petitioner has produced Exts.P8 to P11. Ext.P8 is the relevant Government Order dated 13/05/1999, concerning the qualification for appointment as H.S.S.T., wherein paragraph (4)(iv) shows that the required qualification is a II Class Masters Degree with not less than 50% marks from one of the Universities in Kerala or a qualification recognised as equivalent thereto. B.Ed Degree is not essential in these disciplines except Commerce at the time of appointment but the candidates should acquire B.Ed within three years. Ext.P9 is a judgment of a learned Single Judge of this Court in W.P.(C).Nos.21021, 21983 and 35867 of 2003 wherein a similar issue was considered. It was observed therein that the appointments are not liable to be rejected for the reason that the B.Ed degree obtained by them are not pursuant to the regular course of study. 3. In Suja Kumari's case [2006 (1) KLT 846], it was held that the candidates having B.Ed Degree obtained through distance education are entitled for regularisation. The issue regarding the acceptance of degrees W.P.(C). No.9009/2009 -:3:- obtained by distance education was considered and it was observed that going by the stipulations in the relevant executive orders as there was no stipulation that it should be by a regular method of study, the objection cannot be sustained. The various Government Orders relating to the method of appointment were considered in paragraph (4) of the said judgment. Finally in paragraph (10) it was held that on technical grounds, it may not be justifiable to upset the position and throw the parties therein out of service. 4. Therefore, the issue is concluded in favour of the petitioners by the judgment of the Division Bench. 5. It is pointed out by the learned Government Pleader that a special leave petition is pending before the Apex Court against the judgment in Suja Kumari's case [2006 (1) KLT 846]. It is pointed out by the learned counsel for the petitioner that the appointment of similarly placed persons have been approved by the Director of Higher Secondary Education and one such order has been produced as Ext.P2. Therein it is also mentioned that approval will be subject to the outcome of SLP filed before the Hon'ble Supreme Court in the case of Suja Kumari. It is submitted that similar orders can be passed in this case also. W.P.(C). No.9009/2009 -:4:- 6. Therefore, the writ petition is allowed by quashing Ext.P7. There will be a direction to the second respondent to grant approval of appointment of the petitioner with a specific condition that it will be subject to the outcome of the SLP filed before the Apex Court in Suja Kumari's case [2006 (1) KLT 846]. The same shall be done within two months from the date of receipt of the copy of the judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms