M.C. SAJU, Vs. STATE OF KERALA,

JUDGEMENT

(1.) HEARD Sri. B. Raghunathan, the learned Counsel appearing for the petitioner and Sri. T.T. Muhamood, the learned Government Pleader appearing for respondents 1 and 2. Though respondents 3 and 4 have been served, there was no appearance on their behalf when the case was called on for hearing today.

(2.) THE petitioners are presently working as Higher Secondary School Teachers in Commerce in the fourth respondent's school. The petitioners had before they were appointed as Higher Secondary School Teachers passed the B.Ed degree examination through the correspondence course from Madurai Kamaraj University. However their appointments were approved subject to the condition that they should obtain the B.Ed degree within five years from the date of appointment and that their probation will be declared only after they pass the B.Ed degree. Such a stipulation was made on the presumption that B.Ed degree obtained by the petitioners through the correspondence course is not adequate for the purpose of appointment as Higher Secondary School Teacher.

(3.) THE fact that the petitioners possess all other qualifications prescribed for appointment to the post of Higher Secondary School Teacher is not in dispute. The only dispute centers round the efficacy of the B.Ed. degree obtained by them from Madurai Kamaraj University through the correspondence course. The learned Counsel for the petitioners contends relying on the decision of this Court in Sujakumari v. State of Kerala : 2006 (1) KLT 846 that in the absence of a stipulation in the Government orders which governed appointments of Higher Secondary School Teachers till Chapter XXXII was introduced in the KER that, only a B.Ed degree acquired after a regular course of study will be adequate qualification for appointment to the post of Higher Secondary School Teacher, the stand taken by the respondents is arbitrary and illegal.