Judgment :- 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. 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 it. The petitioner fulfils the educational qualifications prescribed by the Government for appointment as teacher in Higher Secondary Schools. 8. The recognition of the qualification by the Kerala University - a fact which entered the making of the impugned orders - is not relevant for the recognition of qualifications by the Government. The Government may, consistently with its needs recognise educational qualifications irrespective of whether the Kerala University recognises them or not. The Government of Kerala in fact did so. Again, the fact that the Kerala University has not recognised the M.Sc. Degree of Annamalai University does not mean that the Kerala University has rejected the degree. The Government may, consistently with its needs recognise educational qualifications irrespective of whether the Kerala University recognises them or not. The Government of Kerala in fact did so. Again, the fact that the Kerala University has not recognised the M.Sc. Degree of Annamalai University does not mean that the Kerala University has rejected the degree. The degree of the Directorate of Correspondence Courses and Continuing Education of the Annamalai University never came before the Kerala University for consideration of recognition. In any event, the Government of Kerala has, for the purpose of appointment of teachers in Higher Secondary Schools, recognised the degree of M.Sc. (Chemistry) from the statutory Annamalai University. 9. Distance Education or continuing education is often erroneously considered inferior to the technical formal education by attendance of regular classes. A perceptive study of distance education, made in "OPEN UNIVERSITIES - IVORY TOWERS THROWN OPEN" edited by Ram Reddy, places the subject in perspective. The availability of full time teachers, classrooms, limitation of rigid hours of classes and the expenses etc. limit the access to learning to a few. This works discrimination against the sections of the society which cannot, due to socio-economic factors, afford formal education. Those who have missed educational opportunities need a second chance. The urge of the working people, housewives and others, is met by deformalising education. The system of distance education removes the imbalance in the opportunities of education caused by socio-economic factors. The fundamental principle of distance education is that is provides equality of opportunity of education and access to higher education. It was the UNESCO Commission on education mat suggested that education should be deformalised and replaced by flexible diversified models. Distance education marks the transformation of the closed formal rigid, elitist, educational system into an open and flexible system. The syllabi of distance education courses are carefully drawn by academicians to match the syllabi of the formal degree courses. Theory and practical are provided at times suitable to the students. There is no reason for considering distance education degree any less of a degree than the degree obtained by attending classes. The Government of Kerala therefore, rightly recognised degrees from statutory Universities without limiting it to degrees obtained by attendance of classes. The limitation of recognition to statutory universities, as distinct from private institutions assures the quality of education which equals "regular" degrees. 10. Mrs. The Government of Kerala therefore, rightly recognised degrees from statutory Universities without limiting it to degrees obtained by attendance of classes. The limitation of recognition to statutory universities, as distinct from private institutions assures the quality of education which equals "regular" degrees. 10. Mrs. Hemalata the learned Government Pleader urged that under Rule 1A of Chapter XXXI of the Kerala Education Rules the qualification for High School Assistant is a "Degree in the concerned subject and B.Ed./B.T/L.T/ conferred- or recognised by the Universities in Kerala". According to her, a candidate in order to be eligible for appointment as High School Assistant, must possess a degree conferred or recognised by a University in Kerala. The Higher Secondary Schools were created in 1991, upon the implementation of the National Education Policy - Rule 2 of Chapter II of the Kerala Education Rules, re-organises two grades of schools (i) Primary and (ii) Secondary. The first seven Standards constitute the primary grade and Standards VIII, IX and X constitute the Secondary Grade. Standards XI and XII which constitute the Higher Secondary School were not in the contemplation of Chapter XXXI of the Rules which prescribes the qualification relied upon by the learned Government Pleader. Therefore, Rule 1A of Chapter XXI cannot apply to this case. The Government of Kerala whose executive orders govern Higher Secondary Education, was aware of Chapter XXXI of the Kerala Education Rules. Yet, in its notification G.O.(MS) No. 138/90 G.Edn. dated 27-6-1990, it prescribe that "the minimum qualification for Higher Secondary School teachers will be a second class Master's Degree in the concerned subject, with B.Ed without stipulating that the Master's Degree must have been conferred or recognised by a University in Kerala. The submission is untenable. 11. For the reasons stated above the Original petition is allowed. The order No. C1.2228/HSE/92 dated 18-11-1992 (Ext. P13 to the petition) and the letter No. B4-14985/92 dated 30-11-1992 (Ext. P15 to the petition) are hereby quashed. I direct all the respondents to this petition to treat the petitioner as a qualified Higher Secondary School teacher in Chemistry and grant him salary and allowances past and future and continue him in office. No costs.