Kerala High Court
Sreejisha K.T vs The State Of Kerala
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 19TH DAY OF AUGUST 2014/28TH SRAVANA, 1936
WP(C).No. 1116 of 2014 (L)
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PETITIONER :
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SREEJISHA K.T, AGED 31 YEARS, W/O.MANURAJAN K.V.,
HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) ZOOLOGY,
RAJAS HIGHER SECONDARY SCHOOL, NILESHWARAM,
RESIDING AT GURUPADAM, PADINHATTAM, KOZHUVAL, NILESHWARAM,
KASARAGOD DISTRICT - 671 314.
BY ADVS.SRI.P.V.MOHANAN
SRI.ANIL VIJAYAN
RESPONDENTS :
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1. THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR HIGHER EDUCATION, THIRUVANANTHAPURAM - 695 001.
3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
REGIONAL OFFICE, KOZHIKODE - 673 635.
4. THE KANNUR UNIVERSITY, REPRESENTED BY REGISTRAR,
KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS. 670 567.
5. THE MANAGER,
RAJAS HIGHER SECONDARY SCHOOL, NILESHWARAM - 671 314.
* ADDITIONAL R6 IMPLEADED
6. SUGANDHI.T, AGED 39 YEARS, W/O.K.V.RAJENDRAN,
NANDANAM, KOTARACHAL, THYKADAPURAM.P.O., NEELESWARAM VIA,
KASARGOD DISTRICT. (WORKED AS HIGHER SECONDARY SCHOOL
TEACHER IN RAJAHS HIGHER SECONDARY SCHOOL, NEELESWARAM,
KASARGOD)
* ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED 01/07/2014 IN I.A 8524/2014.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.V.VIJULAL
R4 BY ADVS. SRI.V.A.MUHAMMED, S,C
SRI.V.A.MUHAMMED
R5 BY ADVS. SRI.T.K.VIPINDAS
SRI.K.V.SREE VINAYAKAN
SRI.K.M.MUHAMMED HUSSAIN
ADDL.R6 BY ADV. SRI.JOSE J.MATHAIKAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-08-2014,
ALONG WITH W.P.(C).NO. 19223 OF 2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 1116 of 2014 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 : TRUE COPY OF THE PROCEEDING NO. A3/2640(3)/2012 DATED
18-12-2013.
EXT.P2 : TRUE COPY OF THE PROCEEDING NO.12421/T2/13/G.EDN. DATED
26-11-2013.
EXT.P3 : TRUE COPY OF THE CERTIFICATE OF DEGREE OF BACHELOR OF
SCIENCE ISSUED BY THE KANNUR UNIVERSITY.
EXT.P4 : TRUE COPY OF THE DEGREE OF BACHELOR OF EDUCATION
CERTIFICATE ISSUED BY THE CALICUT UNIVERSITY.
EXT.P5 : TRUE COPY OF THE DEGREE CERTIFICATE OF THE MASTER OF
SCIENCE IN BIO SCIENCES ISSUED BY THE MANGALORE UNIVERSITY.
EXT.P6 : TRUE COPY OF THE STATE ELIGIBILITY TEST CERTIFICATE ISSUED
BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION.
EXT.P7 : TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 07-01-2014.
EXT.P8 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE CALICUT
UNIVERSITY.
EXT.P9 : TRUE COPY OF THE OFFICE MEMORANDUM NO.14019/4/79 ESTT(D)
DATED 06-05-1979.
EXT.P10: TRUE COPY OF THE REPRESENTATION DATED 14-10-2012.
EXT.P11: TRUE COPY OF THE LETTER NO.42537/B1/12 H.EDN. DATED 12-12-2012
EXT.P12: TRUE COPY OF THE PROCEEDING NO.SD/B3/12440/HSE/2013 DATED
11-06-2013.
EXT.P13: TRUE COPY OF THE LETTER NO.42537/B1/12 H.EDN. DATED 20-11-2013
EXT.P14: TRUE COPY OF THE INTIMATION ISSUED BY THE REGISTRAR KANNUR
UNIVERSITY DATED 10-12-2013.
EXT.P15: TRUE COPY OF THE CORRIGENDUM ISSUED BY THE REGISTRAR
CENTRAL UNIVERSITY OF KERALA DATED 10-07-2013.
RESPONDENT(S)' EXHIBITS
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EXHIBIT R6A : TRUE COPY OF APPOINTMENT ORDER DATED 03.06.2013.
EXHIBIT R6B : TRUE COPY OF THE APPLICATION FOR APPROVAL DATED
03.06.2013.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.R. RAMACHANDRA MENON, J.
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W.P.(C). Nos. 1116 & 19223 of 2014
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Dated this the 19th day of August, 2014
JUDGMENT
The common point arising for consideration in both these writ petitions is with regard to the qualification possessed by the petitioner in W.P.(C). No. 1116 of 2014 to be appointed as Higher Secondary School Teacher (Junior) Zoology and the consequential right of the petitioner in the other case to have the appointment against the leave vacancy resulted by virtue of the Maternity Leave granted to the petitioner in the former case approved in accordance with the relevant provisions of law.
2. The sequence of events narrated in the proceedings reveal that, the petitioner in the former case was appointed as HSST (Junior) Zoology in the 5th respondent School based on the qualifications particularly, M.Sc. Bio-Science obtained from the Mangalore University. The prescribed qualification for appointment for the post of HSST (Junior) Zoology is a Master's Degree in the concerned subject and by virtue of the qualification possessed by the petitioner, it is contended that, she is entitled W.P.C. Nos. 1116 & 19223 of 2014 -2- to be appointed and her appointment is liable to be approved. Reliance is also sought to be placed on Ext.P8 Certificate issued by the Calicut University, whereby it has been certified that M.Sc. Bio-Science of the Mangalore University after regular study has been recognized by the said University for the purpose of teaching Botany/Zoology at the 'Plus Two' level. By virtue of the said Certificate, there is a contention that, no further Equivalency Certificate is required for the appointment or its approval; despite which the petitioner was served with Ext.P1 order dated 18.12.2013 placing reliance on Ext.P2 order dated 26.11.2013 issued by the Government to the effect that no Equivalency Certificate issued from any University in Kerala was produced by the petitioner and hence approval could not be given. This made the petitioner to approach this Court by filing W.P.(C). No. 1116 of 2014, challenging Exts.P1 and P2 and for necessary direction to have approval of the appointment and consequential benefits.
3. The petitioner in W.P.(C). No. 19223 of 2014 came to be appointed as a HSST (Junior) in the Maternity Leave vacancy resulted because of the leave granted to the 5th respondent (who W.P.C. Nos. 1116 & 19223 of 2014 -3- is the petitioner in the other case) during the period from 3.6.2013 to 29.11.2013. The said appointment given as per Ext.P1 has been sought to be approved by submitting Ext.P2 application by the Manager. Approval was not given and the petitioner was let known that the application for approval will be considered only subject to the approval of appointment of the 5th respondent, i.e., the petitioner in the former case. The nature of dispute as to the adequacy of qualification, particularly with reference to equivalency of M.Sc. Bio-Science with that of M.Sc. Zoology was pointed out. It is stated that the question of equivalency is pending consideration before the Kannur University as borne by Ext.P4 dated 10.12.2013 and the delay in finalizing the proceedings in this regard has adversely affected the rights and interest of the petitioner and hence the writ petition.
4. Heard the learned counsel for the petitioners, the learned counsel for the Manager of Rajas Higher Secondary Schooll, Nileshwaram, the learned Standing Counsel for the Kannur University and the learned Government Pleader for W.P.C. Nos. 1116 & 19223 of 2014 -4- respondents 1 to 3.
5. With regard to the contentions of the petitioner in W.P. (C).No. 1116 of 2014 that no further equivalency Certificate is necessary, the position is sought to be rebutted by the learned Government Pleader with reference to Rule 2 of Chapter XXXII KER which reads as follows:
"2. Method of appointment and qualification of Teachers and Non-Teaching Staff- Notwithstanding anything contained in these rules the method of appointment and qualifications of the teaching and non-
teaching staff in the aided Higher Secondary School in the State shall be as prescribed in this Chapter."
Learned Government Pleader points out that, Ext.P8 Certificate issued by the Calicut University does not say that the said qualification i.e., M.Sc. Bio-Science is equivalent to M.Sc. Zoology, but it only says that Calicut University recognizes the said qualification of M.Sc. Bioscience for the purpose of teaching Botany/Zoology at the 'Plus Two' level. The learned Government also refers to the mandate of the decision rendered by the Apex Court in Guru Nanak Dev University v. Sanjay Kumar Katwal & another (2009) 1 SCC 610 (paragraph 16 onwards) W.P.C. Nos. 1116 & 19223 of 2014 -5- with regard to the nature of equivalency to be certified.
6. The learned counsel for the petitioner brought it to the notice of this Court that, the Kannur University has already filed a statement referring to the course and proceedings. Paragraphs 2 to 4 of the said statement dated 20.04.2014 read as follows:
2. Petitioner is a holder of M.Sc Bio-Science (Regular) Degree attained from Mangalore University, Karnataka through Regular mode of study. Kannur University has recognized the said Degree for the purposes of Higher Studies and Employment. But this University has not yet recognized the said Degree as equivalent to the M.Sc.
Zoology Degree. On 8.10.2012 the Petitioner has applied for the recognition of M.Sc Bio-Science (Regular) Degree of Mangalore University, Karnataka as equivalent to the M.Sc Zoology Degree of this University for the purposes of Higher Studies and Employment. Accordingly, the matter was placed before the meeting of the Board of Studies in Zoology for their remarks. The Board of Studies has authorized a member of Board of Studies for submitting a report after conducting a detailed study of basic qualifications and syllabus of courses.
3. The Chairman, Board of Studies has offered the following remarks:-
"Only these candidates with B.Sc Zoology Degree as core/main subject can be considered for granting equivalence. As the candidate in question has undergone B.Sc Zoology, it has been recommended that the present case can be equated with that of M.Sc Zoology Degree of Kannur University".
4. After considering the above remarks the 34th meeting of the Equivalence Committee of Academic Council of this University held on 26.12.2013 resolved to refer back W.P.C. Nos. 1116 & 19223 of 2014 -6- the matter to the Board of Studies in Zoology PG (Full Board) for a detailed report on the matter. Accordingly a note to the Board of Studies (No.Acad.F1/13957/2012 dated 22.01.2014) in this regard has been served to the concerned Section of Academic Branch, which is entrusted to convene the meeting of the Board of Studies. The remark of the Board of Studies in Zoology PG (Full Board) is not yet received. Only on receipt of the same, the matter remarks can be placed in the Equivalence Committee constituted by the Academic Council which is the authority to take a decision on the expert opinion received from the Board of Studies on the Scheme and Syllabus of the course to be recognized. It will take a few weeks to complete the whole procedures.
7. After hearing both the sides, this Court finds that the question of equivalency is pending consideration before the Kannur University and the matter has to be finalized taking the proceedings to a logical conclusion. In the said circumstance, there will be a direction to the concerned respondent i.e., the Kannur University to finalize the issue with regard to the 'equivalency' sought to be certified and forming the subject matter of Ext.P14 in W.P.(C). No. 1116 of 2014 (Ext.P4 in the other case) at the earliest, at any rate, within two months from the date of receipt of a copy of this judgment. The proceedings with regard to the approval of appointment of the petitioner as W.P.C. Nos. 1116 & 19223 of 2014 -7- HSST (Junior) Zoology in the 5th respondent School shall be finalized based on the Certificate to be issued by the 4th respondent/Kannur University as above within a further period of one month thereafter. The approval of Ext.P1 appointment of the petitioner in W.P.(C). No. 19223 of 2014 sought for vide Ext.P2 will depend upon the outcome of the proceedings in the former case. Consequential orders shall be passed and eligible benefits to the petitioner, if any, in the said case shall be disbursed at the earliest, at any rate, within two months from the date of finalization of the proceedings in the former case.
The interim order passed by this Court in W.P.(C). No. 1116 of 2014 will continue till the proceedings are finalized as aforesaid. Both the writ petitions are disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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