IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 15843 of 2008(J) -------------------------- PETITIONER: ------------ SUNANDA M.N., H.S.A. MATHEMATICS, C.N.N. BOYS HIGH SCHOOL, CHERPPU, THRISSUR. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE D.P.I., THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, THRISSUR. 5. MANAGER, C.N.N. BOYS HIGH SCHOOL, CHERPPU, THRISSUR. 6. THE DAKSHINA BHARATH HINDI PRACHAR SABHA, KERALA, KOCHI KENDRA, REPRESENTED BY ITS SECRETARY, CHITTOOR ROAD, ERNAKULAM,KOCHI-682016. BY ADV. SRI.P.JACOB VARGHESE (SR.) FOR R.6 SRI.VIVEK VARGHESE P.J. FOR R.6 SRI.VARUGHESE M EASO SMT.PRAISHEEL PRAKASAM SMT.ELIZEBETH MEERA SRI.P.J.VINOD JOSEPH SRI.N.NAGARESH FOR R5 SRI.T.V.VINU FOR R5 BY GOVT. PLEADER SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 16.6.2004 ALONG WITH ENDORSEMENT EXT.P2 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 20.1.2007 EXT.P3 TRUE COPY OF THE APPEAL MEMORANDUM DATED 19.2.2007 EXT.P4 TRUE COPY OF THE ORDER ISSUED BY THE DPI DATED 25.9.2007 EXT.P5 TRUE COPY OF THE LETTER ISSUED BY THE GOVT. DATED 28.4.2008 EXT.P6 TRUE COPY OF THE GO(P)220/2005/G.EDN. DATED 19.7.2005 EXT.P7 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 6TH RESPONDENT IN FAVOUR OF THE PETITIONER EXT.P8 TRUE COPY OF THE MARK LIST ISSUED TO THE PETITIONER EXT.P9 TRUE COPY OF THE MARK LIST ISSUED BY THE UNIVERSITY OF KERALA IN RESPECT OF ONE SMT. USHA P.R. FOR THE ACADEMIC YEAR 1993-94 EXT.P10 TRUE COPY OF THE LETTER ISSUED BY THE DPI DATED 14.10.2006 EXT.P11 TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATE PUBLIC INFORMATION OFFICER DATED 20.2.2007 //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.15843 of 2008 J -------------------------------------- Dated this the 11th day of August, 2008. J U D G M E N T The petitioner was appointed as Upper Primary School Assistant in C.N.N. Boys' High School, Cherppu, Thrissur as per Ext.P1 appointment order dated 16.6.2004. The appointment of the petitioner as Upper Primary School Assistant was approved by the District Educational Officer. When a vacancy of High School Assistant arose, the Manager appointed the petitioner as High School Assistant (Mathematics) with effect from 5.6.2006. However, the approval for the appointment of the petitioner as High School Assistant (Mathematics) was not granted by the District Educational Officer as per Ext.P2 order dated 20.1.2007. The reasons stated by the District Educational Officer for rejection of the appointment of the petitioner as High School Assistant are the following:- “”The qualification of the incumbent is as follows - B.Sc. (Maths)-University of Calicut. WP(C) No.15843/2008 2 B.Ed. (Hindi and Maths)- Dakshina Bharat Hindi Prachar Sabha, Madras. As per G.O.(P) 220/2005/G.Edn. Dated 12-09-2005, Government have clarified that the B.Ed. in concerned subject along with Degree in the concerned subjects shall be stipulated as qualification for HSA. In this case Hindi and Mathematics are shown as optional subjects in the B.Ed. certificate and so a clarification was sought from the Director of Public Instruction. But no clarificatory orders are received from the Director of Public Instruction, Thiruvananthapuram till the date. Hence the appointment of Smt.M.N.Sunanda as HSA (Maths) from 05- 06-2006 is rejected.”” 2. The Manager filed Ext.P3 appeal dated 19.2.2007 before the Deputy Director of Education which was also dismissed. The Manager filed a revision before the Director of Public Instruction against the order passed by the Deputy Director of Education in Ext.P3 appeal. The Director WP(C) No.15843/2008 3 of Public Instruction disposed of the revision as per Ext.P4 order dated 25.9.2007. The Director of Public Instruction confirmed the view taken by the authorities below. It was held as follows:- “The case has been examined in detail in consultation with the Deputy Director of Education and Dist. Educational Officer, Thrissur. It is found that the appointee had acquired B.Ed with Hindi and Maths as Optional subjects. In this regards Government has not been clarified. Hence this appointment cannot be considered.” 3. The matter was taken up in revision before the Government at the instance of the Manager. The Government passed Ext.P5 order dated 28.4.2008 holding the view that the question of approval cannot be considered now. Ext.P5 order dated 28.4.2008 reads as follows:- “Inviting attention to the reference cited I am to inform you that the matter of recognizing the B.Ed degree course (Double optional) of the Dakshin Bharatha Hindi Prachar Sabha is being examined by Government in consultation with the Director of Public Instructions. Therefore your request to approve the appointment of Smt.M.N.Sunanda WP(C) No.15843/2008 4 as H.S.A. (Maths) from 5-6-2006 onwards cannot be considered now and hence it is rejected.” 4. In W.P.(C) No.33078 of 2007 and connected cases the question arose is whether B.Ed. with double optional is a equivalent qualification of B.Ed. Degree in the subject concerned. The above question was answered in the judgment dated 7.8.2008 in W.P.(C) No.33078 of 2007 and connected cases, taking the view as follows:- “7. After filing of the Writ Petitions, the matter has been clarified by the Government by issuing Government Order No. G.O.(Rt) 1048/08/H.Edn dated 15.07.2008. The Government Order reads as follows: “The Kerala Public Service Commission have decided to accept B.Ed with double optional subjects as B.Ed in any of these subjects if the duration of the course is two years and if it is a one year course with two optional subjects, it will not be considered as B.Ed in the subjects concerned but will be accepted as B.Ed in any subjects. WP(C) No.15843/2008 5 2. Government have received a number of petitions explaining the difficulties facing the candidates having double optional subjects due to the issuance of the Circular cited. Almost all Universities outside Kerala are conducting one year double option B.Ed course as per the regulation issued by National Council for Teacher Education. The Circular has badly affected the employment prospects of thousands of B.Ed degree holders in the State. 3. Government have examined the matter in detail and are pleased to order that the one year B.Ed degree with double optional subjects awarded by the 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. This position will be reviewed after five years.” WP(C) No.15843/2008 6 8. The petitioners contended that in view of the Government Order dated 15.07.2008, the Circular dated 25.07.2007 issued by the Kerala Public Service Commission has become sterile and inoperative since the Circular is being superseded by the Government Order dated 15.07.2008. The Standing Counsel for the Kerala Public Service Commission does not dispute the power of the Government to issue an order like G.O.(Rt)No.1048/08/H.Edn dated 15.07.2008. It is also not disputed that when such an order is issued by the Government, the Commission is bound to comply with the same.” 5. In view of the Government Order dated 15.7.2008 (G.O.(Rt.) No.1048/08/H.Edn. dated 15.7.2008) and the judgment in W.P.(C) No.33078 of 2007 and connected cases, the petitioner is entitled to get the reliefs prayed for in the Writ Petition. Exts.P2, P4 and P5 are accordingly quashed. The District Educational Officer shall consider the question of approval of the appointment of the petitioner as High School Assistant (Mathematics) afresh in the light of the Government Order dated 15.7.2008 referred to above, WP(C) No.15843/2008 7 the judgment dated 7.8.2008 in W.P.(C) No.33078 of 2007 and connected cases and also the findings and observations mentioned above, as expeditiously as possible and at any rate within a period of two months. Writ Petition is allowed as above. K.T. SANKARAN, JUDGE. cks