K.B.Krishnaraj vs State Of Kerala
2022 Latest Caselaw 8135 Ker

WP(C) NO. 15649 OF 2021         1



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                      WP(C) NO. 15649 OF 2021
PETITIONER:

          K.B.KRISHNARAJ
          AGED 45 YEARS
          S/O.K.BABU, HIGHER SECONDARY SCHOOL TEACHER(HSST),
          COMMUNICATIVE ENGLISH, MAYYANAD HIGHER SECONDARY
          SCHOOL, MAYYANAD,KOLLAM,
          RESIDING AT SREEBA, THEKKEVILA(P.O), KOLLAM,
          PIN-691016.

          BY ADVS.
          GOPAKUMAR R.THALIYAL
          M.S.VIJAYACHANDRA BABU
          N.P.PRAJEESH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION(B)DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,
          PIN-695001.

    2     THE DIRECTOR,
          OFFICE OF THE DIRECTOR OF HIGHER SECONDARY
          EDUCATION,
          HOUSING BOARD BUILDINGS, SANTHI NAGAR,
          THIRUVANANTHAPURAM,
          PIN-695001.

    3     THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
          EDUCATION
          REGIONAL OFFICE,4TH FLOOR, CORPORATION BUILDINGS,
          PALAYAM,
          THIRUVANANTHAPURAM, PIN-695033.
 WP(C) NO. 15649 OF 2021          2



     4     THE MANAGER
           MAYYANAD HIGHER SECONDARY SCHOOL,
           MAYYANAD,KOLLAM, PIN-691303.

             BY ADV T.S.RAJASENAN




             SMT NISHA BOSE, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.07.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 15649 OF 2021              3




                                 JUDGMENT

The petitioner states that he was appointed as UPSA in the Mayyanad

Higher Secondary School as per Ext.P7 appointment order dated 06.06.2001.

He was later promoted as HSA in English on 28.01.2003 as is evident from

Ext.P8 order.

2. It is the case of the petitioner that he has passed a B.Ed. degree

in English language and Literature from the University of Kerala as is evident

from Ext.P1. Later, he pursued his MA degree in English at the Madurai

Kamaraj University and secured a degree on 02.03.2010 as is evident from

Ext.P2. The petitioner asserts that the University of Kerala has issued Exhibit

P3 certificate certifying that the MA degree in English (Distance Education) of

the Madurai Kamaraj University is recognized by the University of Kerala as

equivalent to the MA degree in English language and literature of the Kerala

University. The petitioner states that he has passed the State Eligibility Test

in English as is evident from Ext.P4. He has also passed a certificate program

in Communicative English conducted by the University of Kerala which fact is

evident from Ext.P5. He also states that he has passed the Diploma course in

English for Communication from the University of Kerala as is evident from

Ext.P6.

3. According to the petitioner, the qualification prescribed for

appointment as Higher Secondary School teacher in Communicative English is

50% marks in Post Graduation in Communicative English from any recognized

University with B.Ed. and a pass in the State Eligibility Test. Recognizing his

qualification, the Manager appointed the petitioner herein as Higher

Secondary School Teacher in Communicative English by transfer on

8.10.2013. However, the proposal was rejected by the 3rd respondent on

the ground that the petitioner did not have Post-graduation in Communicative

English.

4. The petitioner asserts that the Manager has preferred an appeal

before the 2nd respondent and the same was also rejected on the ground

that the petitioner was not qualified. According to the petitioner, taking note

of the fact that no Post Graduate courses in Communicative English are

conducted by any of the Universities in Kerala, the Government has amended

the qualification for appointment to the post of Higher Secondary School

Teacher as MA Communicative English or MA English, with not less than 50%

marks from any of the UGC recognized Universities. Ext.P10 is the order

dated 04.06.2018 as per which the Government has amended the

qualification of Higher Secondary School teacher. In view of Ext.P10, the 4th

respondent Manager approached the 3rd respondent and sought for approval

of the appointment of the petitioner to the post of HSS teacher. However,

the 3rd respondent issued Ext.P11 communication pointing out that Ext.P10

was not having a retrospective effect and rejected the request. The petitioner

states that on the strength of Ext.P10 order the 3rd respondent has issued

Ext.P12 order approving the appointment of the petitioner as Higher

Secondary School Teacher in Communicative English with effect from

04.06.2018, the date of Ext.P10 Government order.

5. According to the petitioner, in respect of persons similarly placed

as the petitioner herein the Regional Deputy Director of the Districts

concerned has approved the appointments as Higher Secondary School

Teacher in Communicative English with effect from the date of appointment

irrespective of the date of amendment of the qualification issued as per

Ext.P10. Reference is made to Exts.P14 to P17. In the said circumstances,

the petitioner claiming similar benefits has submitted Ext.P18 revision petition

before the Government. In the revision petition, the petitioner has pointed

out the issuance of Exts.P14 to P17 by various Deputy Directors and

requested that the petitioner is also entitled to similar treatment. However, by

Ext.P19 order the request made by the petitioner stands rejected. The said

order is under challenge in this writ petition.

6. I have heard Sri Gopakumar R Thaliyal, the learned counsel

appearing for the petitioner, Sri.T.S.Rajasenan, the learned counsel appearing

for the 4th respondent and the learned Government Pleader.

7. A counter affidavit has been filed by the 4th respondent

supporting the contentions of the petitioner.

8. Sri.Gopakumar, the learned counsel would refer to Ext.P15 dated

08.02.2012 and points out that the qualification of the person named therein

Smt.Shabin Avalath, is MA (English), BEd (English) and SET. Approval was

granted with effect from 06.12.2011 in the post and scale of pay as HSST (Jr)

Communicative English. Similar is the case with others. According to the

learned counsel, in that view of the matter, Ext.P19 cannot be sustained as

the said order was passed without taking note of Exts.P15 to P17. The

learned counsel would also refer to Exhibit P10 and it is submitted that the

Government in paragraph 3 of the order has stated that insistence on PG

qualification in communicative English has resulted in a situation wherein it

has become difficult to find suitable candidates or to grant approval of the

appointment of teachers who have already been appointed.

9. The learned Government Pleader submitted that the mere fact

that the provisions were misinterpreted by the lower authorities in the case of

similarly placed teachers is no reason to grant the benefits claimed by the

petitioner. According to the learned Government Pleader, Ext.P16 order has

no retrospective operation and hence, the request made by the petitioner is

liable to be rejected.

10. I have considered the submissions advanced.

11. The materials placed before this Court shows that the petitioner

has passed his B.Ed. Degree from the University of Kerala and M.A. Degree in

English from the Madurai Kamaraj University and he has also qualified SET in

English. Ext.P3 Certificate reveals that the M.A.Degree has been treated as

equivalent to English Language and Literature Degree of the University of

Kerala. The petitioner has also passed a certificate program in Communicative

English and Diploma Course in English for Communication from the University

of Kerala. His request for approval of his appointment as Higher Secondary

School Teacher in Communicative English with effect from 8.10.2013 has

been refused on the ground that he does not have a Postgraduate Degree in

Communicative English.

12. I find from Exhibits P14 to P17 that the respondents have

approved the appointment of teachers who do not have PG qualifications in

Communicative English. There appears to be a considerable force in the

submission of the learned counsel appearing for the petitioner that he has

been singled against. While refusing the request made by the petitioner, the

2nd respondent has not taken note of the grant of approval to teachers

similarly placed as the petitioner. Furthermore, while passing Exhibit P10

order, the Government took note of the entire aspects and noted that none of

the Universities in the State of Kerala are conducting courses in

Communicative English and due to the paucity of qualified candidates, it has

become next to impossible to fill up vacancies or to grant approval to

candidates possessing equal qualifications. It appears that none of these

aspects were taken note of by the 1st respondent while rejecting the request

made by the petitioner. In that view of the matter, the entire matter requires

fresh consideration at the hands of the 1st respondent.

In view of the discussion above, Exhibit P13 and P19 will stand

quashed. There will be a direction to the 1st respondent to take up, consider

and pass fresh orders on Ext.P18 in the light of Exts.P15 to P17, after

affording an opportunity of being heard, either physically or virtually, to the

petitioner herein or his authorized representative and the 4th respondent.

Orders shall be passed expeditiously, in any event, within a period of two

months from the date of production of a copy of this judgment. It would be

open to the petitioner to produce a copy of the writ petition along with the

judgment before the concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 15649/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE B.ED DEGREE CERTIFICATE ISSUED TO THE PETITIONER DATED 27.07.2001.

Exhibit P2 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED TO THE PETITIONER DATED 02.03.2010.

Exhibit P3 TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED TO THE PETITIONER BY THE UNIVERSITY OF KERALA DATED 27.07.2010.

Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 08.07.2010.

Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA DATED 21.04.2014.

Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF KEARLA DATED 12.10.2017

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2001.

Exhibit P8 TRUE COPY OF THE APPOINTMENT ORDER DATED 28.01.2003.

Exhibit P9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 21.11.2016.

Exhibit P10     TRUE COPY OF THE ORDER ISSUED BY THE
                GOVERNMENT DATED 04.06.2018

Exhibit P11     TRUE COPY OF THE COMMUNICATION ISSUED BY THE
                3RD RESPONDENT TO THE 4TH RESPONDENT DATED
                01.11.2018




Exhibit P12     TRUE COPY OF THE ORDER ISSUED BY THE 3RD
                RESPONDENT DATED 30.08.2019

Exhibit P13     TRUE COPY OF THE COMMUNICATION ISSUED BY THE
                2ND RESPONDENT DATED 20.08.2020

Exhibit P14     TRUE COPY OF THE ORDER ISSUED BY THE REGIONAL
                DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,
                REGIONAL OFFICE, KOZHIKODE DATED 20.02.2014

Exhibit P15     TRUE COPY OF THE ORDER ISSUED BY THE REGIONAL
                DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,
                REGIONAL OFFICE, KOZHIKODE DATED 08.02.2012.

Exhibit P16     TRUE COPY OF THE ORDER ISSUED BY THE REGIONAL
                DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,
                CHENGANNUR DATED 18.09.2018

Exhibit P17     TRUE COPY OF THE COMMUNICATION ISSUED BY THE
                2ND RESPONDENT DATED 03.07.2015

Exhibit P18     TRUE COPY OF THE REVISION PETITION DATED
                15.09.2020

EXHIBIT P19     TRUE COPY OF THE GOVERNMENT ORDER DATED
                17.06.2021.


RESPONDENTS' EXHIBITS

Exhibit R4(a)       TRUE COPY OF THE APPEAL PETITION DATED
                    15.07.2015 FILED BY THE 4TH RESPONDENT TO
                    THE 2ND RESPONDENT.