Anil Kumar.T v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT :** ## **THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR** **TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932** ## **WP(C).No. 11030 of 2009(W)** **-------------------------** **PETITIONER :** - **--------------------** **ANIL KUMAR.T., AGED 40, S/O.N.THANKAPPAN, HSST (SOCIOLOGY), S.N.D.P. HSS, UDAYAMPEROOR.** **BY ADV. SRI.BENOY THOMAS** **RESPONDENT(S):** - **-------------------------** **1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.** **2. DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM.** **3. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM.** **4. MANAGER, THE CORPORATE MANAGEMENT OF** - **S.N.D.P. YOGAM SCHOOLS, KOLLAM.** **R1 TO R3 BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN R4 BY SRI.A.N.RAJAN BABU, SC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Mn** **...2/-** ## **WP(C).No. 11030 of 2009(W)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **EXT.P1 : COPY OF THE APPOINTMENT ORDER NO. E416/2000 DATED 1.10.2001.** - **EXT.P2 : COPY OF THE APPROVAL ORDERS DATED 17.7.2008 AND 25.10.2005 APPROVING THE PETITIONER AS HSST (JR. SOCIOLOGY) W.E.F. 5.10.2001.** - **EXT.P3 : COPY OF THE ORDER NO. GO(MS) 110/99/GEN.EDN.DATED 13.5.99.** - **EXT.P4 : COPY OF THE ORDER GO DATED 7.1.2004.** - **EXT.P5 : COPY OF JUDGMENT IN WP(C) NO. 35729/2003 DATED 30.7.2004 AND CONNECTED CASES.** - **EXT.P6 : COPY OF GO(RT) NO. 124/2005 DATED 6.1.2005.** - **EXT.P7 : COPY OF GO (RT) NO. 3855/2006 GEN.EDN DT. 29.8.2006.** - **EXT.P8 : COPY OF JUDGMENT IN WP(C) 20350/2008 DATED 7.7.2008.** - **EXT.P9 : COPY OF GO (RT) 5423/2008/G.EDN DT. 9.12.2008.** - **EXT.P10 : COPY OF GO(RT) NO. 103/2005/GEN.EDN DT. 5.1.2005.** - **EXT.P11 : COPY OF THE IDENTITY CARD AND FIRST YEAR GRADE CARD ISSUED BY IGNOU TO THE PETITIONER.** - **EXT.P12 : COPY OF SET CERTIFICATE OF THE PETITIONER.** - **EXT.P13 : COPY OF THE RELEVANT RULES RELATING TO THE SET EXAMINATION CONDUCTED IN 2002 I.E. THE ANNEXURE TO GO(MS) 299/2002/GEN.EDN DATED 8.10.2002.** - **EXT.P14 : COPY OF THE SAID RULES ISSUED BY THE GOVT. OF KERALA IN THE YEAR 2000.** - **EXT.P15 : COPY OF THE AFFIDAVIT OF THE GOVERNMENT FILED IN CONTEMPT PETITION CIVIL NO. 77/2000 IN CIVIL APPEAL NO. 7158/1999 BEFORE THE APEX COURT.** - **EXT.P16 : COPY OF GO(MS) 268/99/G.EDN. DT. 3.11.1999.** **Contd...** ## **WP(C).No. 11030 of 2009(W)** - **EXT.P17 : COPY OF GO(MS) NO. 289/1999/GEN.EDN.DT. 25.11.1999.** - **EXT.P18 : COPY OF THE GO(MS) NO. 310/99/GEN.EDN DATED 16.12.1999.** - **EXT.P19 : COPY OF THE JUDGMENT OF THE DIVISION BENCH IN W.A.NO. 2955 OF 2007 DATED 03.01.2008.** - **EXT.P20 : COPY OF THE G.O.(MS)NO. 94/2009 DATED 28.3.2009 ACCEPTING B.ED DEGREE GRANTED BY IGNOU IS A VALID QUALIFICATION.** - **EXT.P21 : COPY OF THE JUDGMENT IN WP(C) NO. 28557 OF 2006 DATED 14.10.2009.** - **EXT.P22 : COPY OF THE G.O.(RT) 6/2010/GEN.EDN DATED 1.1.2010.** - **EXT.P23 : COPY OF THE PROVISIONAL B.ED DEGREE CERTIFICATE DATED 4.5.2009 GRANTED BY IGNOU TO THE PETITIONER.** - **EXT.P24 : COPY OF THE PROCEEDINGS OF THE INFORMATION OFFICER OF DHSE DATED 26.11.2009.** - **EXT.P25 : COPY OF JUDGMENT OF THIS HON'BLE COURT IN OP NO.28447/02 DATED 14.2.2003.** ## **RESPONDENT'S EXHIBITS - NIL** ## **//TRUE COPY//** **P.S. TO JUDGE** **Mn** ## **T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11030/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1[st] day of February, 2011** ## **J U D G M E N T** The challenge is against the order passed by the Government, namely, Ext.P9 rejecting the request for extension of time for acquiring the B.Ed. on the ground that the B.Ed granted by the Indira Gandhi National Open University will not suffice for the purpose. The petitioner was appointed as H.S.S.T (Sociology) initially. Ext.P1 is the copy of the appointment order. But, it was approved only as H.S.S.T.(Jr.) (Sociology) with effect from 05/10/2001 as per Ext.P2 order. The petitioner was granted time to acquire B.Ed for three years initially by Ext.P3 Government Order which was extended from time to time by general orders as in the case of similarly placed persons. This Court also by Ext.P5 Judgment directed the Government to consider the grant of extension of time and the Government thereafter by Ext.P6 order dated 06/01/2005 extended the time by two years to all those who are similarly situated. The period thus expired on 01/11/2007. Finally, by Ext.P7 also time was granted. W.P.(C). No.11030/2009 -:2:- Therefore, time was available upto 01/11/2008. The petitioner completed the course by December 2008. 2. The reasons stated in Ext.P9 to reject the application is that the degree availed from IGNOU is not sufficient for the purpose. 3. The learned counsel for the petitioner relied upon the decision of a Division Bench of this Court in **State of Kerala v. Suja Kumari [2006 (1) KLT 846]** to contend for the position that the candidates having degree obtained by distant education are entitled for regularisation. The learned counsel also relied upon the decision of a Division Bench of this Court produced as Ext.P19 wherein a similar question was considered. Finally, the Government as per Ext.P20 also recognised the same. The said order is dated 28/03/2009. It is pointed out by the learned counsel for the petitioner that the same has been made applicable to teachers of Higher Secondary Schools also. A batch of writ petitions were disposed of by this Court as per Ext.P21 Judgment wherein the contention mainly raised by the petitioners therein, who were appointed prior to the ## W.P.(C). No.11030/2009 ## -:3:- coming into force of the Rules dated 09/11/2001, was that B.Ed is not required. Ultimately, this Court repelled the said contention but granted time for acquiring B.Ed. In terms of the said Judgment, the Government passed Ext.P22 order dated 01/01/2010 whereby the Government has extended the grace period by three years from the date of expiry of conditional approval in respect of petitioners in W.P.(C). No.25403/2004 and connected cases [Ext.P21 common Judgment] on condition that further extension of time will not be allowed under any circumstances and the service of those teachers who are not qualified and those are not already exempted from B.Ed otherwise will be automatically cease to exist. Therefore, they have obtained three years from 01/11/2008. 4. The petitioner has produced along with reply affidavit Ext.P23 a copy of the provisional certificate issued by the IGNOU University. It is submitted that the examination was held in December 2008. 5. One of the Government Orders that has to be noticed is Ext.P10 wherein the Government granted the W.P.(C). No.11030/2009 -:4:- benefit of extension to persons who were undergoing B.Ed course but were not able to acquire the same within the time limit prescribed. 6. The predicament to the petitioner is because of the stand taken by the Government that the B.Ed granted by the IGNOU through distant education cannot be recognised. 7. The said question is covered by the decision of this Court in **Suja Kumari's case [2006 (1) KLT 846]** as well as in Ext.P19 Judgment. In both these cases, the issue was considered in the light of various decisions of this Court. Therefore, the legal position admits no doubt as the said Judgments have become final. In **Suja Kumari's case** [Supra] their Lordships relied upon the earlier decisions of this Court in **Mohanan Nair v. State of Kerala [1994 (2) KLT 537]** and W.A.No.2014/2004. Evidently, when the petitioner was appointed, the relevant orders did not specify that B.Ed should be one acquired by a regular course of study. It is in that context, the dictum laid down in **Suja Kumari's case** [supra] and the view taken in W.P.(C). No.11030/2009 -:5:- Ext.P19 Judgment will apply to the case of the petitioner. Therefore, the view taken in Ext.P9 that the B.Ed acquired through IGNOU cannot be recognised is not sustainable and, therefore, Ext.P9 is quashed accordingly. 8. The further question is whether the petitioner ought to have been granted extension of time. Evidently, he appeared for the examination in December, 2008. During the period extended by various orders issued by the Government, the petitioner had joined the course also. What was required was only a further extension for a short period to enable him to produce the certificate evidencing the acquisition of the B.Ed. Now, the same is available in the form of Ext.P23. Further, the last of the orders passed after Ext.P21 Judgment is Ext.P22 wherein also further time has been granted to acquire B.Ed. 9. Therefore, the writ petition is allowed. The petitioner will produce the original of Ext.P23 before the Government along with a representation and a copy of this Judgment. The Government will grant extension W.P.(C). No.11030/2009 -:6:- of time upto the date of acquisition of degree, namely, a period approximately by six months from 01/11/2008. Appropriate orders will be passed within a period of two months from the date of receipt of the representation. Consequential benefits including the monetary value of the withheld increments will be disbursed to the petitioner after the Government Order is issued as directed above and without further delay . No costs. Sd/- **(T.R. Ramachandran Nair, Judge.)** ms