J.B. Koshy, J.

Petitioner is working as a teacher in the Upper Primary School, Kunnamkulam. Apart from T.T.C. he had passed B.A. (History) from Calicut University and by attending correspondence course of Annamalai University during 1981-82 he had passed the B Ed degree examination in the year 1982. Ext. P1 is the B .Ed degree issued by the Annamalai University. The degree was awarded in December, 1982. A vacancy of Headmaster arose on 1.6.1994. Petitioner being the senior most graduate teacher claimed that post. But the above post was filled up by the fifth respondent as B.Ed degree of the 5th respondent was a recognised one, whereas the B.Ed degree obtained by the petitioner was not a recognised one. It is also submitted that petitioner is a T.T.C. holder and a graduate teacher, whereas the 5th respondent has no T.T.C. R.45 of Chapter XIV (A) of the Kerala Education Rules prescribes the method of appointment of a Headmaster with qualification. R.45 reads as follows:

"45. Subject to R.44, when the post of Headmaster of complete U.P. School is vacant or when an incomplete U.P. School becomes a complete U.P. School, the post shall be filled up from among the qualified teachers on the staff of the School or Schools under the Educational Agency. If there is a Graduate teacher with B.Ed or other equivalent qualification and who has got at least five years experience in teaching (after acquisition of B.Ed. Degree) he may be appointed as Headmaster provided he has got a service equal to half of the period of service of the seniormost under-graduate teacher. If graduate teachers with the aforesaid qualification and service are not available in the School or Schools under the same Educational Agency, the seniormost Primary School Teacher with S.S.L.C. or equivalent and (T.T.C. issued by the Board of Public Examination, Kerala or T.C.H. issued by the Karnataka Secondary Education Examination Board, Bangalore or a pass in Pre-degree Examination with Pedagogy as an elective subject conducted by the University of Kerala or any other equivalent training qualification prescribed for appointment as Primary School assistant) may be appointed."

So graduation with B.Ed or other equivalent qualification and five years experience in teaching after acquisition of B.Ed degree is the basic qualification. It is not disputed that Annamalai University is a recognised university. It's regular degree is recognised as equivalent to B.Ed degree granted by the Universities in Kerala. Degree whether regular or correspondence is recognised by the Government. It is also submitted that syllabus for a regular course as well as the correspondence course are one and the same. Therefore, it is submitted that merely because it is not recognised by the Universities in Kerala petitioner should not have been denied the benefit. It is for the University to recognise the degree or not according to it's own requirements.

2. Here the question to be considered is whether a recognised degree by the University is necessary for the purpose of getting the benefit under R.45. Under R.45 what is required is a graduate teacher with B.Ed degree qualification and five years experience. It is not stated that it should be recognised by the Universities in Kerala. Of course fake degree issued by a University not recognised cannot be accepted. Here Annamalai University is a recognised University. It is not stated in R.45 that the B.Ed degree mentioned therein should be a recognised degree by the Universities in Kerala. With regard to the qualification for appointment as a teacher in a High School R.2 of Chapter XXXI provides that one should have a degree in the concerned subject and B.Ed/B.T/L.T. conferred or recognised by the Universities in Kerala. Therefore, for appointment as High School teachers it is mentioned that B. Ed/B .T/L.T. conferred or recognised by the Universities in Kerala is; necessary. But for appointment as a Headmaster such a condition that the degree should