B SAMBASIVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The point to be decided in both the cases being the same, they are being disposed of by a common judgment. The point that has arisen for decision in these cases is whether a person who has passed B.Ed. through correspondence course from the Annamalai University, though the said Degree is recognized by the Universities in Kerala, is eligible for appointment as Headmaster. The brief facts necessary for the disposal of the cases are the following: W.A. NO. 183/2000 T The appellant joined the service of the second respondent's School as H.S.A. on 18.9.1973. He was a Language Teacher. He has continuous service in that cadre from 28.1.1976. He passed B.A. in 1986 and B.Ed. in 1988. The fifth respondent joined the school as H.S.A. on 15.6.1983. She joined with B.A. and B.Ed. She passed B.Ed. Degree from Annamalai University on 31.12.1980 and at the relevant time the same was recognized by the Universities in Kerala. But from 1981 onwards, it is submitted, the recognition of the said degree was withdrawn by our Universities. The point to be decided in both the cases being the same, they are being disposed of by a common judgment. The point that has arisen for decision in these cases is whether a person who has passed B.Ed. through correspondence course from the Annamalai University, though the said Degree is recognized by the Universities in Kerala, is eligible for appointment as Headmaster. The brief facts necessary for the disposal of the cases are the following: W.A. NO. 183/2000 T The appellant joined the service of the second respondent's School as H.S.A. on 18.9.1973. He was a Language Teacher. He has continuous service in that cadre from 28.1.1976. He passed B.A. in 1986 and B.Ed. in 1988. The fifth respondent joined the school as H.S.A. on 15.6.1983. She joined with B.A. and B.Ed. She passed B.Ed. Degree from Annamalai University on 31.12.1980 and at the relevant time the same was recognized by the Universities in Kerala. But from 1981 onwards, it is submitted, the recognition of the said degree was withdrawn by our Universities.

(2.) A vacancy in the post of Headmaster in the second respondent's School arose on 1.6.1998. Admittedly, the appellant is senior in the cadre of H.S.A. But he did not have 12 years graduate service on the date of occurrence of vacancy on 1.5.1998. The fifth respondent was qualified in all respects. So, the Manager appointed the fifth respondent. It is not necessary to refer to the various orders in favour of and against the appellant passed by the statutory authorities. The final authority under the K.E.R., the Government by Ext. P7 order found in favour of the fifth respondent. That was the order impugned in the Original Petition. The learned single Judge dismissed the Original Petition upholding Ext. P7. Hence the present Appeal..

(3.) The larned counsel for the Appellant Shri P.K. Ashokan mainly urged two points. The first contention was that since the Universities in Kerala have subsequently de-recognised the B.Ed. Degree Course of Annamalai University awarded after undergoing the correspondence course, it must be held that the fifth respondent is ineligible for appointment as Headmistress. It is common case that when the fifth respondent passed the B.Ed. Degree examination through correspondence course, the said Degree was having recognition. Therefore, on the strength of the recognized Degree, she was appointed as H.S.A. and the same was approved also. The subsequent withdrawal of approval of a Degree will not invalidate the Degrees awarded by a University earlier.