Kerala High Court
All Kerala Unaided Training College vs State Of Kerala
Author: B.P.Ray
Bench: B.P.Ray
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE B.P.RAY
THURSDAY, THE 29TH DAY OF NOVEMBER 2012/8TH AGRAHAYANA 1934
OP.No. 5793 of 2002 (M)
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PETITIONER(S):
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1. ALL KERALA UNAIDED TRAINING COLLEGE
TEACHERS ASSOCIATION(AFFILIATED WITH
REG.NO.0734/99) REPRESENTED BY ITS WORKING
PRESIDENT PROF.K.K.RAMAKRISHNAN,"USHAS",ARAKULAM
WEST P.O.,KODUNGALLUR.
2. C.V.JAYASREE,LECTURER IN EDUCATUION,
MEPPAYUR SALAFI COLLEGE OF TEACHER EDUCATION
IRINGATH P.O.,KOZHIKODE
3. P.ABDUL SAMAD,LECTURER IN EDUCATION,
MARKAZ TRAINING COLLEGE,ADAVANAD,P.O.KARTHALA
MALAPPURAM DISTRICT
4. SANTHOSH KUMAR VALLIKKAT,LECTURER IN
EDUCATION,M.C.T.TRAINING COLLEGE,MELMURI P.O.
MALAPPURAM DISTRICT.
*5. T.M.AJITHKUMAR,LECTURER IN EDUCATION,
M.C.T.TRAINING COLEGE,MELMURI P.O.
MALAPPURAM DISTRICT
6. BABY JOHN,LECTURER IN EDUCATION,H.M.
TRAINING COLLEGE,RANDARKARA,MUVATTUPUZHA.
7. C.T.TOY,LECTUERER IN PHYSICAL EDUCATION,
MARKAZ TRAINING COLLEGE,ADAVANAD,P.O.KARTHALA
MALAPPURAM DISTRICT
8. A.PRAMEELA,LECTUERER IN EDUCATION,
S.N.D.P.YOGAM TRAINING COLLEGE,ADIMALY
IDUKKI DISTRICT.
9. M.KURIAKOSE,LECTUERER IN EDUCATION,
AVILA COLLEGE OF EDUCATION,EDACOCHIN,COCHIN-6
10. K.K.RAVI,LECTUERER IN EDUCATION,
DR.PALPU MEMORIAL S.N.D.P.YOGAM COLLEGE OF
EDUCATION,KODUNGALLUR,TRICHUR DISTRICT
11. E.T.SAJI,LECTUERER INM EDUCATUION,
MANGALAM COLLEGE OF EDUCATION,ETTUMANOOR
OP.No. 5793 of 2002 (M)
12. ELIZABETH SAMUEL,LECTURER IN EDUCATION,
NATIONAL TRAINING COLEGE,PLAVACHAMBALAM, TRIVANDRUM
13. G.ROY,LECTURER IN EDUCATION,B.M.M.II,
TRAINING COLLEGE,PULAMON P.O.,KOTTARAKKARA.
14. VARGHESE M.JOHN,LECTURER IN EDUCATION,
B.M.M. II TRAINING COLEGE,PULAMON P.O.
KOTTARAKKARA.
15. SUBHASH KUMAR K.G.,LECTURER IN
EDUCATION,B.M.M.II TRAINING COLLEGE, PULAMON P.O.
KOTTARAKKARA.
16. ROSMIN THOMAS,LECTURER IN EDUCATION,
MARKAZ TRAINING COLEGE,ADAVANAD,P.O.KARTHALA
MALAPPURAM DISTRICT
17. JACKSON PAUL.V.,LECTURER IN PHYSICAL
EDUCATION,JESUS TRAINING COLLEGE,MALA
TRICHUR DISTRICT
18. K.S.BALAKRISHNA KURUP,LECTURER IN
PHYSICAL EDUCATION,MANNAM MEMORIAL TRAINING COLLEGE
VILAKANDY P.O.,KOLLAM DISTRICT
19. SILBIAMMA JOSEPH,LECTURER IN EDUCATION
HOLY FAMILY COLLEGE MOF EDUCATION,KODUVAYUR
KOZHIKODE DISTRICT
*ADDRESS OF THE 5TH PETITIONER IS CORRECTED AS FOLLOWS:-
T.M.AJITHKUMAR,LECTURER IN EDUCATION,
MARKETING TRAINING COLEGE, ADAVANAD
P.O.KARTHALA, MALAPPURAM.
*ADDRESS OF THE 5TH PETITIONER IN THE CAUSE TITLE OF THE OP IS
CORRECTED AS PER ORDER DATED 4-3-2002 IN CMP.NO.11281 OF 2002.
BY ADVS.SRI.K.JAJU BABU
SMT.M.U.VIJAYALAKSHMI
RESPONDENT(S):
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1. STATE OF KERALA,REPRESENTED BY
SECRETARY TO GOVERNMENT,HIGHER EDUCATION DEPARTMENT
GOVT.SECRETARIAT,TRIVANDRUM.
2. NATIONAL COUNCIL FOR TEACHER EDUCATION,
REPRESENTED BY ITS REGIONAL DIRECTOR,SOUTHERN
REGIONAL COMMITTEE,C.S.D. BUILDING,1ST FLOOR
H.M.T. P.O.,BANGALORE-560031
OP.No. 5793 of 2002 (M)
3. UNAIDED TRAINING COLLEGE MANAGEMENT
ASSOCIATION,P.O.MELMURI-676514,REPRESENTED BY ITS
SECRETARY
* ADDL.R4 IMPLEADED.
R4. BABITHA V.S, LECTURER IN ENGLISH,
DEVAKI AMMA MEMORIAL,
TEACHER EDUCATION COLLEGE,
CHELAMBRA PO, PULIPARAMBA, MALAPPURAM
(IMPLEADED AS ADDLT. FORUTH RESPONDENT AS PER ORDER DATED 4-8-04 IN
I.A. NO.10118 OF 2004)
R,R2 BY ADV. SRI.V.M.KURIAN, SC, SRC-NCTE
R,ADDL.R4 BY ADV. SRI.BRIJESH MOHAN
BY GOVERNMENT PLEADER SMT.MAYA.
THIS ORIGINAL PETITION HAVING COME BEEN FINALLY HEARD
ON 29-11-2012, ALONG WITH OP. 6660/2002 AND 9781/2002,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SU/-
OP.No. 5793 of 2002 (M)
APPENDIX
PETITIONER'S EXHIBITS:
P1: COPY OF THE APPOINTMENT ORDER ISSUED BY THE MEPPAYUR SALAFI
TRAINING COLLEGE, TO THE 2ND PETITIONER VIDE NO.STC/TS-1/95-96
DATED 12-6-1995.
P2: COPY OF THE SERVICE CERTIFICATE DATED 10-8-2001 ISSUED TO THE 2ND
PETITIONER BY THE MEPPAYUR SALAFI COLLEGE OF TEACHER EDUCATION.
P3: COPY OF THE SECONDARY NORMS AND STANDARDS FOR TEACHER EDUCATION
INSTITUTIONS ISSUED BY THE 2ND RESPONDENT.
P4: COPY OF THE JUDGMENT DATED 10-10-2000 IN OP.NO.25550/2000 OF THIS
HONOURABLE COURT.
P5: COPY OF THE ORDER NO.FKL/SEC.01/SRO/NCTE/2000-2001/8956 DATED 5-
12-2001 ISSUED BY 2ND RESPONDENT.
P6: COPY OF THE NORMS AND STANDARDS FOR SECONDARY TEACHER EDUCATION
PROGRAMME ISSUED BY THE 2ND RESPONDENT.
P7: COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD RESPONDENT BEFORE
THE SECRETARY OF UGC DATED 1-1-2002.
P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE
HONOURABLE chief MINISTER OF KERALA DATED 15-1-2002.
RESPONDENTS' EXHIBITS: NIL.
/TRUE COPY/
P.A. TO JUDGE
SU/-
B.P.RAY,J.
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O.P. Nos.5793, 6660 & 9781 of 2002
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Dated this the 29th day of November, 2012
JUDGMENT
Heard the learned counsel for the petitioners, the learned standing counsel for N.C.T.E Mr. V.M.Kurian and the learned Government Pleader Smt.Maya.
2. The case of the petitioners is that the petitioners were appointed as lecturers in their respective subjects in training colleges at the time when Ext.P3 norms fixed by the National Council for Teacher Education (NCTE) was in force. All the petitioners are having Masters Degree with M.Ed. In the case of lecturers in Physical Education, they are having Masters Degree in Physical Education with B.P.Ed. As per Ext.P3, lecturers in Teacher Education should have First Class/ Second Class M.Ed with Masters Degree in a school subject and lecturer in Physical Education should have Masters Degree in Physical Education with at least B.P.Ed. Being fully qualified as per Ext.P3 norms prevailing at the time of their appointment, the petitioners were appointed after selection by a properly constituted selection O.P.Nos.5793, 6660 & 9781 of 2002 committee which included one nominee of the NCTE and the Government/University.
3. The learned counsel again submits that Ext.P5 was issued by NCTE to the effect that lecturers already appointed shall acquire the qualifications prescribed in Ext.P6 norms. As per Ext.P6, apart from Post Graduate and B.Ed, candidates have to acquire such other qualifications as may be prescribed by the U.G.C. The NCTE grants recognition to training colleges for each academic session after approving appointments till that date and therefore, appointment of the petitioners were approved by NCTE while giving recognition for the concerned academic session.
4. By interim order of this Court, the petitioners were continuing without acquiring other qualifications prescribed by U.G.C. There is a decision reported in Chandraprakash Madhavrao Dadwa and others v. Union of India and others [ (1998) 8 Supreme Court Cases 154] wherein the apex court held as follows:
"The appellants did satisfy the qualifications meant for these posts at the time of recruitment and were recruited accordingly. It might be that the Dr.Seshagiri Committee and the 11-9-1989 order of the Government and the Model Rules of 13-2-1990 made slight changes in the qualifications, namely, that apart from a Degree, they should have a Certificate/Diploma in O.P.Nos.5793, 6660 & 9781 of 2002 Computer Application or knowledge in certain computer processes to be subjected to a test at the stage of recruitment. In our view, such a change in qualifications could be made so far as future recruitment was concerned and could not affect those who were already recruited. To now say that the appellants did not have the Diploma/Certificate or had not been recruited on the basis of tests would, in our opinion, amount to imposing these qualifications with retrospective effect and such an action, even if made by rules, would be arbitrary. If made retrospective, and if the earlier recruitment or confirmations in the posts were to be disturbed, that would also be arbitrary. These would clearly violate Articles 14 and 16 of the Constitution of India."
In view of above findings of the apex court, I have no hesitation to hold that the petitioners who were appointed prior to the impugned order Ext.P5 cannot be compelled to acquire further qualification to continue in their respective jobs and Ext.P5 and P6 cannot have any retrospective effect and hence cannot affect the teachers who were already in service and who were fully qualified as per Ext.P3 norms prevailing at the time of their appointments.
These original petitions are disposed of as above.
B.P.RAY, JUDGE su/-