IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(C).No. 18270 of 2007(Y) ----------------------------------- PETITIONERS: ------------------- 1. G.RETNASWAMI, HSST(COMMERCE), LMS HSS, CHEMBUR, THIRUVANANTHAPURAM DISTRICT. 2. T.MOHAN, HSST(COMMERCE), POPE PIUS-XI HSS, BHARANIKKAVU, KATTANAM, PALLICKAL P.O., ALAPPUZHA DISTRICT. 3. KRISHNAVENY.S, HSST(COMMERCE), DVM NNM HSS, MARANALLOOR, THIRUVANANTHAPURAM. 4. C.J.RAMOLA JANCY, HSST(COMMERCE), ST.MARY'S HIGHER SECONDARY SCHOOL, PATTOM, THIRUVANANTHAPURAM. 5. HELEN PUSHPARATHI.T., HSST(COMMERCE), ST.MARY'S HIGHER SECONDARY SCHOOL, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.BENOY THOMAS RESPONDENTS: --------------------- 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. BY GOVT. PLEADER SMT.T.B.RAMANY - R1, 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 18270 of 2007 APPENDIX PETITIONERS EXHIBITS:- EXT.P1:- TURE COPY OF THE APPOINTMENT ORDER DATED 21.10.1999 ISSUED BY THE CORPORATE MANAGER, LMS SCHOOL, THIRUVANANTHAPURAM TO THE 1ST PETITIONER EXT.P1(a):- TRUE COPY OF THE APPOINTMENT ORDER DATED 18.09.2000 ISSUED BY THE CORPORATE MANAGER, M.S.C. SCHOOLS, THIRUVANANTHAPURAM TO THE 2ND PETTIONER EXT.P1(b):- TRUE COPY OF THE APPOINTMENT ORDER DATED 15.11.2001 ISSUED BY THE MANAGER, DVM NN MH SCHOOL, MAEANALLOOR TO THE 3RD PETITIONER EXT.P1(c):- TRUE COPY OF THE APPOINTMENT ORDER DATED 18.09.2000 ISSUED BY THE CORPORATE MANAGER, M.S.C. SCHOOLS THIRUVANANTHAPURAM TO THE 4TH PETITIONER EXT.P1(d):- TRUE COPY OF THE APPOINTMENT ORDER DATED 25.10.2000 ISSUED BY THE CORPORATE MANAGER, M.S.C. SCHOOLS, THIRUVANANTHAPURAM TO THE 5TH PETITIONER EXT.P2:- TRUE COPY OF APPROVAL ORDER DATED 11.01.2003 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. EXT.P2(a):- TRUE COPY OF APPROVAL ORDER DATED 19.03.2003 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER EXT.P2(b):- TRUE COPY OF APPROVAL ORDER DATED 16.09.2002 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER EXT.P2(c):- TRUE COPY OF APPROVAL ORDER DATED 23.05.2003 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER EXT.P2(d):- TRUE COPY OF APPROVAL ORDER DATED 20.01.2003 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER EXT.P2(e):- TRUE COPY OF APPROVAL ORDER DATED 05.07.2002 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER EXT.P2(f):- TRUE COPY OF APPROVAL ORDER DATED 08.04.2004 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER. EXT.P3:- TRUE COPY OF B.Ed CERTIFICATE ISSUED BY THE MADURAI KAMARAJ UNIVERSITY TO THE 1ST PETITIONER. EXT.P3(a):- TRUE COPY OF B.Ed CERTIFICATE ISSUED BY THE MADURAI KAMARAJ UNIVERSITY TO THE 2ND PETITIONER. EXT.P3(b):- TRUE COPY OF B.Ed CERTIFICATE ISSUED BY THE MADURAI KAMARAJ UNIVERSITY TO THE 3RD PETITIONER. W.P(C).No. 18270 of 2007 EXT.P3(c):- TRUE COPY OF B.Ed CERTIFICATE ISSUED BY THE MADURAI KAMARAJ UNIVERSITY TO THE 4TH PETITIONER. EXT.P3(d):- TRUE COPY OF B.Ed CERTIFICATE ISSUED BY THE MADURAI KAMARAJ UNIVERSITY TO THE 5TH PETITIONER. EXT.P4:- TRUE COPY OF M.Ed. CERTIFICATE ISSUED BY THE MANOMANIAM SUNDARANAR UNIVERSITY TO THE 1ST PETITIONER. EXT.P4(a):- TRUE COPY OF M.Ed. CERTIFICATE ISSUED BY THE MANOMANIAM SUNDARANAR UNIVERSITY TO THE 2ND PETITIONER. EXT.P4(b):- TRUE COPY OF M.Ed. CERTIFICATE ISSUED BY THE MANOMANIAM SUNDARANAR UNIVERSITY TO THE 3RD PETITIONER. EXT.P4(c):- TRUE COPY OF M.Ed. CERTIFICATE ISSUED BY THE MANOMANIAM SUNDARANAR UNIVERSITY TO THE 4TH PETITIONER. EXT.P4(d):- TRUE COPY OF M.Ed. CERTIFICATE ISSUED BY THE MANOMANIAM SUNDARANAR UNIVERSITY TO THE 5TH PETITIONER. EXT.P5:- TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.28706 OF 2006 (P) DATED 01.11.2006 PASSED BY THIS HONOURABLE COURT. -TRUE COPY- P.A. TO JUDGE vkm K.T. SANKARAN, J ------------------------------------- W.P.(C) NO. 18270/2007 ------------------------------------------ Dated this the 16th day of June, 2008 JUDGMENT The petitioners are working as HSST(Commerce) in aided Higher Secondary Schools. They were appointed before the coming into force of Chapter XXXII of Kerala Educational Rules. It is stated that before their respective appointments all the petitioners have passed B.Ed degree examination conducted by the Madura Kamaraj University after having undergone distance education programme of the University. Their appointments have been approved as per Ext P2 series subject to acquisition of B.Ed. 2. The reliefs prayed for in the writ petition are the following: i) declare that Ext. P3 series of B.Ed awarded by the Madura Kamaraj University, a university established by an Act of Tamilnadu State Legislature will suffice for all purposes as far as the services of the petitioners as HSSTs/HSST(Jrs) (Commerce) are concerned including approval in the light of the Judgment of a Division Bench of this Honourable Court reported in 2006(1) KLT 846. W.P.(C)No. 18270/07 2 ii) issue appropriate directions directing the second respondent to approve the appointment of the petitioners as HSST/HSST(Jr) (Commerce) w.e.f. their respective dates of appointments for all purposes on the basis of Ext. P3 series of B.Ed. degrees awarded by the Madura Kamaraj University. iii) grant such other reliefs as this Honourable Court deemed fit and proper in the facts and circumstances of this case. 3. The learned counsel for the petitioners submitted that in the light of the Division Bench decision in State of Kerala v. Suja Kumari ( 2006(1) KLT 846), the matter requires to be considered by the second respondent, the Director of Higher Secondary Education. It is also pointed out that in Ext. P5 judgment in W.P.(C) No. 28706/06 a similar direction was issued by another learned Single Judge of this Court. 4. In the light of the Division Bench decision in 2006 (1) KLT 846, the matter requires to be considered by the second respondent after affording an opportunity of being heard to the petitioners. Accordingly the W.P.(C)No. 18270/07 3 Writ Petition is disposed of directing the second respondent to consider the question of approval of appointment of the petitioners in the light of the Division Bench decision in State of Kerala v. Suja Kumari in 2006 (1) KLT 846 as expeditiously as possible, and at any rate within three months. K.T. SANKARAN, JUDGE vkm