Allowed

Shency K.Paul v. the Director of Public Instructions

Kerala HC23 Mar 2017WP(C)/18952/2014

Case brief

AI extract

What is this about?

Petitioner challenged directive order denying recognition of her IGNOU B.Ed qualification for promotion. Court directed entry of qualification and consideration for promotion post subject to hearing. Decision facilitates service book entry within two months.

What did the court decide?

Direction to enter B.Ed in service book and process promotion application within two months after hearing affected authorities.

Shency K.Paul Vs the Director of Public Instructions — Education and Admissions | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939

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WP(C).No. 18952 of 2014 (T)

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PETITIONER(S):

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SHENCY K.PAUL, AGED 45 YEARS, D/O.K.K. POULOSE, UPSA, BEM HIGHER SECONDARY SCHOOL, PALAKKAD, RESIDING AT ''NIYATHI'', AR COLONY, ROBINSON ROAD, PALAKKAD.

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BY ADV. SRI.A.R.GANGADAS.

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RESPONDENT(S):

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1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

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2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 678 001.

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3. THE CORPORATE MANAGER, ALL CSI SCHOOLS IN MALABAR AND WAYANAD, BANK ROAD, CALICUT -1.

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4. THE HEADMASTER, BEM HIGHER SECONDARY SCHOOL, PALAKKAD - 678 001.

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5. MARY GRACE, HSA (SS), BEM HIGHER SECONDARY SCHOOL, PALAKKAD - 678 001.

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6. VINEETH WINSTON, HSA (SS), BEM HIGHER SECONDARY SCHOOL, PALAKKAD - 678 001.

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R1 & R2 BY SR. GOVT. PLEADER SMT.MARY BEENA JOSEPH. R3 BY ADV. SRI.P.V.KUNHIKRISHNAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 18952 of 2014 (T)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXHIBIT-P1-	TRUE COPY OF HE RELEVANT PAGES OF THE SENIORITY LIST IN FORM NO. 11 A OF CSI NORTH KERALA DIOCESAN EDUCATIONAL AGENCY AS ON 01/01/2013.
EXHIBIT-P2-	TRUE COPY OF THE RELEVANT PART OF THE MARK LIST BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY DATED 10/03/2014.
EXHIBIT-P2(A)-	TRUE COPY OF THE PROVISIONAL CERTIFICATE OF B.ED DATED 10/03/2014 ISSUED BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY.
EXHIBIT-P3-	TRUE COPY OF THE CERTIFICATE NO.EQ/6462/2014 DATED 09/04/2014 ISSUED BY THE UNIVERSITY OF CALICUT TO THE PETITIONER.
EXHIBIT-P4-	TRUE COPY OF THE REPRESENTATION DATED 08/04/2014 TO THE 2ND RESPONDENT SUBMITTED THROUGH THE 4TH RESPONDENT.
EXHIBIT-P5-	TRUE COPY OF THE REPRESENTATION DATED 29/04/2014 TO THE 3RD RESPONDENT CORPORATE MANAGER.
EXHIBIT-P6-	TRUE COPY OF THE LETTER B6/2194/14 DATED 22/04/2014 BY THE 2ND RESPONDENT.
EXHIBIT-P7-	TRUE COPY OF THE APPEAL DATED 23/05/2014 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT-P8-	TRUE COPY OF THE CIRCULAR NO. H2-155194/76 DATED 29/10/1976 BY THE DIRECTOR OF PUBLIC INSTRUCTIONS.
EXHIBIT-P9-	TRUE COPY OF THE CIRCULAR NO. EM3-200/97/DPI DATED 07/04/1997 BY THE DIRECTOR OF PUBLIC INSTRUCTIONS.
EXHIBIT-P10-	TRUE COPY OF THE ORDER NO. 11087/E2/2005/G.EDN. DATED 30/04/2005 TO THE DIRECTOR OF PUBLIC INSTRUCTIONS.
EXHIBIT-P11-	TRUE COPY OF THE G.O(MS)NO.94/2009/G.EDN. DATED 28/03/2009.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

ANU SIVARAMAN, J.

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W.P.(C) No.18952 of 2014

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Dated this the 23^rd day of March, 2017

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J U D G M E N T

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This writ petition is filed seeking direction to the 4^th respondent Headmaster to enter the additional qualification of B.Ed acquired by the petitioner through Indira Gandhi National Open University (IGNOU) and the 2^nd respondent DEO to attest the same as also seeking promotion as H.S.A (Social Science) in vacancies which arose after her acquisition of B.Ed degree.

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader as well as the learned counsel for the 3^rd respondent.

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It is submitted that the petitioner, while working as Upper Primary School Assistant (UPSA) in the 3^rd respondent's school, had acquired B.Ed qualification through distance education from the Indira Gandhi National Open University. Ext.P2 is the mark sheet and Ext.P2(a) is the provisional certificate dated 10.03.2014. Petitioner had applied before the District Educational Officer through the Headmaster of the school

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W.P.(C) No.18952/2014

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seeking entering of her additional qualification in her service book. The petitioner also relies on Ext.P3 equivalency certificate issued by the University of Calicut. It is contended that she is fully qualified to the promotion post of H.S.A. This was also raised before appropriate authorities. However, by Ext.P6 dated 22.04.2014, the request of the petitioner was rejected by the District Educational Officer stating that the additional qualifications acquired from the Universities outside will be entered only after “a genuineness” certificate is produced. The petitioner was therefore advised to resubmit the service book with the said certificate.

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A counter affidavit has been filed by the 1^st respondent stating that since there were increasing reports of production of false certificates, genuineness certificates are insisted upon.

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Learned counsel for the petitioner contends that the original certificate has now been obtained and produced. There is no contention that there is any discrepancy in the original certificate produced by the petitioner.

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In any view of the matter, it is clear that Ext.P3 equivalency certificate as well as the original certificate of B.Ed degree have now been obtained by the petitioner. If the petitioner submits

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W.P.(C) No.18952/2014

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these records before the Headmaster, the petitioner's additional qualification will be entered by the 4^th respondent in the service book of the petitioner and shall be duly endorsed by the 2^nd respondent. Thereafter any representation preferred by the petitioner before the 3^rd respondent for appointment as H.S.A in the vacancies which arose on or after 01.06.2014 shall be taken up and orders passed by the Headmaster within a period of two months from the date of receipt of a copy of this judgment. Needless to say, the Manager or any person likely to be affected shall also be heard before orders are issued as directed above.

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The writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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smp

Shency K.Paul v. the Director of Public Instructions

Case brief

What is this about?

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Shency K.Paul v. the Director of Public Instructions

Case brief

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