IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 14261 of 2008(W) PETITIONER: P.SMITHA,W/O.P.SUDHEER,AGED 28, FORMERY HIGH SCHOOL ASSISTANT (ENGLISH) SANTHA HIGHER SECONDARY SCHOOL, (RESIDING AT GOVINDA NIVAS KURUMAL-VELUR,PIN - 680 601,THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: 1. THE STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE,THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR. 5. THE MANAGER,SANTHA HIGHER SECONDARY SCHOOL, AVANOOR,THRISSUR DISTRICT. 6. SMT.K.K.SYAMALA,HIGH SCHOOL ASSISTANT (ENGLISH) SANTA HIGHER SECONDARY SCHOOL, AVANOOR,THRISSUR DISTRICT. 7. SMT.JULIET KORULA,HIGH SCHOOL ASSISTANT (ENGLISH), SANTA HIGHER SECONDARY SCHOOL, AVANOOR,THRISSUR DISTRICT. R7 BY ADV. SMT.I.SHEELA DEVI R5 BY ADV. SRI.S.M.PRASANTH GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 11.1.2004. EXT.P2 TRUE COPY OF THE ORDER NO.B6-1189/04/K.DIS. OF THE FOURTH RESPONDENT, DATED 22.5.2004. EXT.P3 TRUE COPY OF THE REPLY OF THE PETITIONER DT.14.6.2004. EXT.P4 TRUE COPY OF THE APPEAL OF THE MANAGER DT.15.6.2004. EXT.P5 TRUE COPY OF THE APPENDIX OF THE STAFF FIXATION ORDER FOR THE YEAR 2004-05, DATED NIL. EXT.P6 TRUE COPY OF THE APPEAL OF THE MANAGER DT.29.8.2004. EXT.P7 TRUE COPY OF THE RELIEVING ORDER DATED 1.9.2004. EXT.P8 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.28533/2004-V, DATED 29.9.2004. EXT.P9 TRUE COPY OF THE ORDER NO.B3-17150/04/K.DIS. OF THE SECOND RESPONDENT, DATED 27.11.2004. EXT.P10 TRUE COPY OF THE ORDER NO.EM1/42672/2/06/DPI/D/DIS. OF THE SECOND RESPONDENT, DATED 25.9.2006. EXT.P11 TRUE COPY OF THE CERTIFICATE DATED 28.9.2003. EXT.P12 TRUE COPY OF THE EQUIVALENCY CERTIFICATE DT.14.1.2005. EXT.P13 TRUE COPY OF THE G.O.(P)NO.331/90/P&ARD OF THE GOVERNMENT DATED 2.11.1990. EXT.P14 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT, DATED 11.6.2007. EXT.P15 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C)NO.21816/2007-V, DATED 18.7.2007. EXT.P16 TRUE COPY OF THE ARGUMENT NOTES SUBMITTED ON BEHALF OF THE PETITIONER. EXT.P17 TRUE COPY OF THE G.O.(Rt) NO.1759/08/G.EDN. OF THE GOVERNMENT DATED 9.4.2008. EXT.P18 TRUE COPY OF THE ORDER NO.ACC.3/2001/85/(MISC.) OF THE UNIVERSITY OF KERALA, DATED 14.1.1986. EXT.P19 TRUE COPY OF THE ORDER NO.O&M (3) 7472/2007/K.DIS OF THE DIRECTOR DATED 20.2.2007. RESPONDENTS' EXHIBITS: EXT.R7(a) TRUE COPY OF THE APPOINTMENT ORDER DATED 22.10.2007 ISSUED BY THE FIFTH RESPONDENT TO THE 7TH RESPONDENT. EXT.R7(b) TRUE COPY OF THE ORDER NO.B6-10182/2007/K.DIS. DATED 10.4.2008 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER. EXT.R7(c) TRUE COPY OF THE APPEAL DATED 26.4.2008 FILED BY THE FIFTH RESPONDENT BEFORE THE THIRD RESPONDENT, MANAGER. EXT.R7(d) TRUE COPY OF THE ORDER NO.B3-7859/08/K/DIS. DATED 28.7.2008 ISSUED BY THE FOURTH RESPONDENT. EXT.R7(e) TRUE COPY OF THE REVISION SUBMITTED BY THE 7TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 18.8.2008. //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 14261 OF 2008 W -------------------------------------------- Dated this the 2nd September, 2008 JUDGMENT The petitioner was appointed as High School Assistant (English) in Santha Higher Secondary School, Avanoor with effect from 22.1.2004. The appointment of the petitioner was not approved by the educational authorities on the ground that the B.Ed. qualification acquired by the petitioner from Dhakshin Bharat Hindi Prachar Sabha is not a proper qualification. As per Ext.P15 judgment dated 18.7.2007 in W.P.(C) No.21816 of 2007, this Court directed the Government to consider and dispose of the Revision Petition filed by the petitioner, wherein the petitioner has raised a contention that B.Ed. Degree issued by the Hindi Prachar Sabha is an equivalent qualification. Thereafter, the Government passed Ext.P17 order dated 9.4.2008. The relevant portion of Ext.P17 order reads as follows: “The case was examined by in detail. As per G.O. (MS) 71/88/Gl.Edn. Dated 23.3.1988 Government have ordered that the B.Ed degree of Dakshin Bharat Hindi Prachara Sabha, Madras will be treated at par with B.Ed degree conferred or recognized by the Universities in Kerala. The Director of Public Instruction has since sought for clarification of Government as to whether the B.Ed degree with double optional can be considered as an equivalent qualification for B.Ed with single optional. The matter is W.P.(C) NO. 14261 OF 2008 :: 2 :: under consideration of Government. Pending finalisation of the issue the approval of appointment of Smt.Smitha for the period under question does not arise. In the above circumstances the request of the petitioner can not be considered now and it is rejected. The revision petition (Ext.P14) of Smt.P.Smitha read as 2nd paper above is thus disposed of accordingly and directions of contained in the WP(C) No.21816/07 is thus complied with.” 2. Learned counsel for the petitioner submitted that subsequently the Government have issued G.O.(Rt)No.1048/08/H.Edn dated 15.7.2008 taking the view that one year B.Ed. Degree with double optional subjects awarded by institutions approved by National Council for Teacher Education will be treated as equivalent to B.Ed. Degree with single option in all matters of appointments with retrospective effect. Based on the Government Order dated 15.7.2008, I have disposed of W.P.(C) No.33078 of 2007 and connected cases as per judgment dated 7.8.2008, holding that B.Ed. Degree with double optional subjects would be an adequate qualification for appointment for the teaching posts. Directions were issued to the Kerala Public Service Commission to treat the applicants therein, who satisfied the requirements of the Government Order dated 15.7.2008, as persons duly qualified in the subject concerned. 3. A counter affidavit is filed by the seventh respondent. The W.P.(C) NO. 14261 OF 2008 :: 3 :: seventh respondent is a High School Assistant, who was appointed by the Manager subsequently. The seventh respondent contends that Ext.P17 order passed by the Government is legal and proper. 4. In view of the Government Order dated 15.7.2008 referred to above, I am of the view that Ext.P17 order passed by the Government has lost its significance. Ext.P17 is accordingly quashed. Government shall consider the matter afresh in the light of the contentions raised by the petitioner and the contesting respondents and also in the light of the Government Order dated 15.7.2008 and the judgment in W.P.(C) No.33078 of 2007 and connected cases referred to above. Government shall dispose of the matter after affording an opportunity of being heard to the petitioner, respondents 5 to 7 and any other person who is likely to be affected, as expeditiously as possible and, at any rate, within a period of three months. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/