The judgment emphasizes the equal recognition of qualifications obtained through distance education and the principles of equality of opportunity it provides.

The petitioner who holds M. Sc. Degree in Chemistry is a teacher in a Government Higher Secondary School since 2-9-1991. The Director of Higher Secondary Schools Trivandrum by his order No. C1.-2228/HSE/92 dated 1-8-11-1992 cancelled the approval of the petitioner's appointment on the ground that M. Sc. Degree from the Directorate of Distance Education, Annamalai University created under the Annamalai University Act, 1928 (Madras Act 1/1929) was based on correspondence study. By letter No. B4-14985/92 dated 30-11-1992, the Director ordered the Manager to recover from the petitioner the excess salary paid. The petitioner impugns the validity of these orders.

2. The facts out of which the case arises are outlined in paragraph 3.

3. The petitioner acquired the degree of M. Sc. (Chemistry) from the Annamalai University on 13th November 1989. He was appointed as teacher in Chemistry on 2-9-1991. The appointment which was in a regular vacancy was described as "until vacancies exist".

4. Annamalai University was established under The Annamalai University Act 1928 (Madras Act 1/1929). The Syllabus for M. Sc. (Chemistry) for the regular course by attendance in the colleges and the Distance Education course is the same. In Kerala the Post-graduate Degree of M.Sc. (Chemistry) by correspondence study of the Bombay University is recognised by the Calicut University.

The Government of Kerala by G.O.(M.S.)526 dated 17-2-1965 Public (Services D) Department recognised "Degrees and Diplomas awarded by statutory Universities established by an Act of the central or State Legislature ".

The National Educational Policy enunciated in 1990 was acted upon by the Government of Kerala. The G.O.(MS) No. 138/90/g. edn. dated 27-6-1990 issued by the General Education a) Department lays down, the educational qualifications for the teaching staff of the Higher Secondary Schools in Kerala. The minimum qualification for appointment as a teacher in Higher Secondary Schools is "a second class Master's Degree in the concerned subject, with B. Ed." But, this qualification is valid till rules are framed. None have been framed. The same qualifications apply to the teachers in Private Higher Secondary Schools.

5. The Government of Kerala in cancelling the approval of the petitioner's appointment on the ground that the Post-graduate Degree in Chemistry from Annamalai University was awarded by correspondence study and not by regular attendance in a college, relied upon the fact that the Kerala University has not recognised this qualification.

6. As already stated the Government of Kerala by its order G.O.(MS) 526 dated 17-2-1965 which was specifically on the subject of recognition of qualifications, has recognised all degrees and diplomas awarded by statutory Universities established by an Act of State or central legislatures. The Annamalai University is a statutory University established by the Statute of the Madras Legislature. The qualifications prescribed for higher secondary schools in Kerala make no distinction between degrees obtained by regular attendance in colleges and those obtained by correspondence study. That is why the Government's order dated 27-6-1990 prescribes "a Master's degree" and not "a Master's degree by attending regular college". The Government's order dated 17-2-1965 reorganising various qualifications also does not make a distinction based on attendance or regular classes.

7. The petitioner applied for and secured the job of teacher on the basis of two admitted facts. Firstly, the Government of Kerala had recognised the degrees awarded by statutory Universities like the Annamalai University and secondly, the qualifications prescribed by the Government do not exclude degrees from Universities under the Distance Education Scheme. It is not now open to the Government to retract and urge that the qualification held by the petitioner has not been recognised by it or that it should be rejected because the Kerala University has not recognised i