Kerala High Court
Leena Chandy vs State Of Kerala on 1 September, 2022
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 1ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944
WP(C) NO. 32474 OF 2019
PETITIONER/S:
LEENA CHANDY,
AGED 38 YEARS
HSST COMPUTER APPLICATION (DAILY WAGES),
ST.GEORGE HSS, THOZHIYUR, THRISSUR - 680 520,
RESIDING AT PANIKKAPARAMBIL HOUSE,
CHITTALAPILLY P.O., THRISSUR.
BY ADVS.
K.B.GANGESH
SMT.ATHIRA A.MENON
SRI.AMAL S KUMAR
RESPONDENT/S:
1 STATE OF KERALA,
REP. BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF HIGHER SECONDARY EDUCATION,
HOUSING ROAD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001.
3 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, EDAPALLY,
ERNAKULAM - 682 024.
4 CORPORATE MANAGER,
MISC EDUCATION SOCIETY, THOZHIYUR,
THRISSUR - 680 520.
BY ADVS.
SMT NISHA BOSE SR GP
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.09.2022, ALONG WITH WP(C).11860/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 32474 OF 2019 &
11860 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 1ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944
WP(C) NO. 11860 OF 2022
PETITIONER/S:
LEENA CHANDY
AGED 40 YEARS
HSST COMPUTER APPLICATION (DAILY WAGES),
ST. GEORGE HSS, THOZHIYUR
THRISSUR - 680520
RESIDING AT PANIKKAPARAMBIL HOUSE
CHITTALAPILLY P.O , THRISSUR .PIN.680551,
BY ADVS.
K.B.GANGESH
SMITHA CHATHANARAMBATH
ATHIRA A.MENON
AMAL S KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REP. BY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001, PIN - 695001
2 KERALA STATE HIGHER SECONDARY EDUCATION COUNCIL
REP. BY ITS MEMBER SECRETARY,
VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 001,
PIN - 695001
BY SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.09.2022, ALONG WITH WP(C).32474/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOs. 32474 OF 2019 &
11860 of 2022
3
JUDGMENT
The petitioners in both these writ petitions are one and the same. From the records made available before this Court, it appears that the petitioner was appointed in the St. George Higher Secondary School, Thozhiyur as HSST (Jr.)(Computer Application) on a daily wage basis from 16.07.2015 onwards. Later, she was granted a regular appointment with effect from 15.07.2021.
2. The petitioner contends that though wages were paid for the initial appointment on daily wages for the academic year 2015-2016, when the proposal for payment of wages for the subsequent years were forwarded, the same was returned by the RDD stating that the petitioner has to secure orders from the Government certifying that the Post Graduate degree obtained by the petitioner from MG University can be considered as requisite qualification for the post of HSST (Computer Applications). Later, by G.O. No.4535/2019/G.Edn. dated 31.10.2019 (Exhibit P14 in W.P.(C.) No. 32474/2019), the request was rejected.
3. Challenging the said order, the petitioner approached this Court and preferred W.P.(C.) No. 32474/2019 seeking a declaration that the degree in Operations, Research and Computer Applications awarded by WP(C) NOs. 32474 OF 2019 & 11860 of 2022 4 M.G. University has to be regarded as sufficient qualification for the post of HSST (Computer Application) under the 1st respondent. By an interim order dated 18.12.2020, this Court permitted the petitioner to appear for the interview which was conducted for the post of HSST in Computer Applications. The petitioner participated in the interview, and she was appointed in the school.
4. The petitioner contends that while so, the Government has constituted a State Level Academic Committee under the 2nd respondent for the purpose of disposing of objections regarding the nomenclature of programmes/degrees and for according approval/recognition/equivalence.
5. The petitioner, in the said circumstances, approached the Kerala State Higher Secondary Education Council, the 2nd respondent in W.P(C.) No. 11860/2022 seeking equivalency to Post Graduate qualification.
6. It appears that by Exhibit P4 produced in W.P.(C.) No. 11860/2022, the Committee, in its meeting held on 16.04.2021 has issued recommendations to the Government with regard to the grant of equivalency to the Post Graduation degree as a qualification for the post of HSST (Computer Applications). The 2nd respondent has also requested the WP(C) NOs. 32474 OF 2019 & 11860 of 2022 5 1st respondent to issue an order recognizing the Post Graduate degree of the petitioner as an eligible qualification. Seeking implementation of the said direction, the petitioner has approached this Court and has instituted W.P.(C.) No. 11860/2022.
7. I have heard Sri. K.B. Gangesh, the learned counsel appearing for the petitioner and the learned government pleader.
8. I find that pursuant to Ext.P17 order in W.P.(C.) No. 32474/2019 issued by the Government, the petitioner submitted a request for a decision as to whether the Post Graduate Degree acquired by the petitioner is an eligible qualification for the post of HSST (Computer Application). The State Level Academic Committee, in its meeting held on 16.4.2021, has issued a recommendation to the Government by opining that the Post Graduate Degree acquired by the petitioner is sufficient qualification for holding the post. In terms of the same, Ext.P19 order produced in W.P.(C) No. 32474 of 2019, has been issued holding that the Post Graduate Degree is sufficient qualification for teaching Computer Science/Computer Application in Higher Secondary classes.
9. The learned government pleader has also made available a copy of the order vide No.H3/231/2022 dated 4.8.2022 as per which directions WP(C) NOs. 32474 OF 2019 & 11860 of 2022 6 have been issued to approve the appointment of the petitioner as HSST (Computer Application) on daily wage basis, if the same is otherwise in order.
In that view of the matter, the petitioner is entitled to succeed. The following orders are issued:
a) Ext.P3, P11 and P14 orders produced in W.P.(C.) No. 32474/2019 will stand quashed.
b) The respondents shall initiate appropriate steps to grant approval to the service of the petitioner as HSST (Jr.) Computer Application on daily wages in St. George Higher Secondary School, Thozhiyoor from the academic year 2016 onwards.
c) The needful shall be done expeditiously, in any event, within a period of two months from the date of receipt of a copy of this judgment.
d) The petitioner shall also be entitled to all consequential benefits.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NOs. 32474 OF 2019 & 11860 of 2022 7 APPENDIX OF WP(C) 32474/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER ON 16/07/2015.
EXHIBIT P2 TRUE COPY OF PROCEEDINGS OF THE 3RD RESPONDENT DATED 22/02/2016 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25/05/2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE ISSUED TO THE PETITIONER BY MG UNIVERSITY.
EXHIBIT P5 TRUE COPY OF ELIGIBILITY CERTIFICATE DATED 18/04/2007 ISSUED TO THE PETITIONER BY MG UNIVERSITY.
EXHIBIT P6 TRUE COPY OF PROCEEDINGS DATED 31/03/2015 ISSUED BY THE RDD KOTTAYAM.
EXHIBIT P7 TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT DATED 23/10/2019 SUBMITTED BY THE PETITIONER'S HUSBAND TO THE PRINCIPAL GHSS TRIKKAV, PONNANI.
EXHIBIT P8 TRUE COPY OF REPLY TO EXT.07 DATED 06/11/2019.
EXHIBIT P9 TRUE COPY OF GO(MS) NO.272/2018/H.EDN. DATED 13/11/2018.
EXHIBIT P10 TRUE COPY OF JUDGMENT DATED 07/06/2019 IN WP(C) NO.10794/2019.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 12/06/2019 ISSUED BY THE 3RD RESPONDENT.
WP(C) NOs. 32474 OF 2019 & 11860 of 2022 8 EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 21/05/2019 ISSUED BY JOINT DIRECTOR OF HIGHER SECONDARY EDUCATION.
EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED 27/06/2019 PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 31/10/2019 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION(C) NO. 25466/2020 DATED 16.12.2020 EXHIBIT P16 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 20.01.2021 Exhibit P17 A TRUE COPY OF THE G.O.(MS) NO.303/2018/HEDN DATED 17/12/2018 ISSUED BY THE 1ST RESPONDENT.
Exhibit P18 TRUE COPY OF THE MINUTES OF THE THIRD MEETING OF THE STATE LEVEL ACADEMIC COMMITTEE (SLAC) HELD ON 16/04/2021.
WP(C) NOs. 32474 OF 2019 & 11860 of 2022 9 APPENDIX OF WP(C) 11860/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POST GRADUATE DEGREE CERTIFICATE ISSUED TO THE PETITIONER BY MG UNIVERSITY Exhibit P2 TRUE COPY OF ELIGIBILITY CERTIFICATE DATED 18.04.2007 ISSUED TO THE PETITIONER BY MG UNIVERSITY Exhibit P3 TRUE COPY OF GO(MS) NO. 303/2018/H.EDN DATED 17.12.2018 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MEETING OF THE STATE LEVEL ACADEMIC COMMITTEE IN THE 2ND RESPONDENT