Kerala High Court
Sidheek Ul Akbar vs The State Of Kerala on 7 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:59364
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 29459 OF 2025
PETITIONER:
SIDHEEK UL AKBAR
AGED 35 YEARS, S/O. ABDUL RAHIMAN,
RESIDING AT KURUMKULAM HOUSE, MARAMPALLY P.O.
ALUVA, ERNAKULAM, PIN - 683105.
BY ADVS.
SHRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM-, PIN - 695001.
3 THE DEPUTY DIRECTOR OF EDUCATION
PADMAVILASOM ROAD, FORT P.O,
THIRUVANANTHAPURAM-, PIN - 695001.
W.P.(C)No.29459 of 2025
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2025:KER:59364
BY ADV.SMT. K. AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.29459 of 2025
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2025:KER:59364
JUDGMENT
Dated this the 7th day of August, 2025 The petitioner would state that he has 70% orthopeadic locomotor disability due to the muscular dystrophy. The petitioner belongs to OBC Community. The petitioner applied for admission to Diploma in Elementary Education (D.EL.Ed.) Course.
2. The petitioner submits that as per Ext.P5 notification dated 01.08.2025, those who apply for the post should have passed qualifying course within three chances. If any applicant has appeared in SAY (Save A Year) examination, the same will also be treated as an attempt. However, the requirements in marks and such chances will not apply to Scheduled Caste and Scheduled Tribe candidates.
3. The petitioner would submit that the Hon'ble Apex Court in the judgment in Aryan Raj v. Chandigarh W.P.(C)No.29459 of 2025 :4: 2025:KER:59364 Administration and others [Civil Appeal No.2718 of 2020] has held that people suffering from disabilities are also socially backward and are therefore, at the very least, entitled to the same benefits as given to the Scheduled Castes / Scheduled Tribes candidates.
4. The petitioner submits that in view of the law laid down by the Hon'ble Apex Court in the Civil Appeal, as per Ext.P8 order, the petitioner is qualified for admission to the D.EL.Ed. Course. The respondents are, therefore, compellable to extend the same treatment granted to SC / ST students to the petitioner also.
5. Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that a candidate intending to get admitted to D.EL.Ed. Course shall satisfy the conditions prescribed in Ext.P5 notification. Ext.P5 notification makes it abundantly clear that candidates, unless he or she belongs to Scheduled Caste or Scheduled W.P.(C)No.29459 of 2025 :5: 2025:KER:59364 Tribe, should have passed qualifying examination within three attempts. The petitioner has no case that the petitioner has passed the qualifying examination in three attempts. The writ petition is therefore without any merit.
6. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing the respondents.
7. The claim of the petitioner is based on Ext.P8 order of the Hon'ble Apex Court. Taking into consideration the observations of the Hon'ble Apex Court as indicated in Ext.P8, I am of the view that the petitioner's claim can be considered by the competent authority.
The writ petition is accordingly disposed of permitting the petitioner to file a representation before the 2 nd respondent raising the claim. If the petitioner submits a representation within two days, the 2nd respondent shall consider the representation taking note of Ext.P8 order also and take W.P.(C)No.29459 of 2025 :6: 2025:KER:59364 appropriate decision thereon before the publication of the rank list, after giving an opportunity of online hearing to the petitioner. The petitioner shall produce a copy of the writ petition to the 2nd respondent within a period of two days.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.29459 of 2025 :7: 2025:KER:59364 APPENDIX OF WP(C) 29459/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE SUPERINTENDANT, TALUK HEAD QUARTERS HOSPITAL, PERUMBAVOOR VIDE NO. B3-317/2023 DATED 18.01.2023 Exhibit P-1 (a) TRUE COPY OF THE CASE SUMMARY AND DISCHARGE CERTIFICATE ISSUED FROM THE DEPARTMENT OF NEUROLOGY FROM SREE CHITRA TIRUNAL MEDICAL SCIENCE AND TECHNOLOGY , THIRUVANANTHAPURAM DATED 27.08.2010 Exhibit P-2 TRUE COPY OF THE HIGHER SECONDARY EXAMINATION MARK LIST OF THE PETITIONER VIDE NO.188437(REGISTRATION N0.
4180331) DATED 15.05.2008 Exhibit P-3 TRUE COPY OF THE MARKLIST NO.
HSEA167650 WITH REG NO. 6622977 DATED 12.05.2010 Exhibit P-4 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE MG UNIVERSITY ON 03.06.2024 Exhibit P-5 TRUE COPY OF THE NOTIFICATION ISSUED VIDE NO. M2/15368/2025 DATED 01.08.2025 Exhibit P-6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IS DATED 06.08.2025 Exhibit P-7 TRUE COPY OF THE DD SHOWING PAYMENT OF FEES DATED 04.08.2025 Exhibit P-8 TRUE COPY OF THE ORDER OF THE APEX COURT IN CIVIL APPEAL NO. 2718/2020 DATED 08.07.2020 ( ARYAN RAJ VS.
CHANDIGARH ADMINISTRATION AND ORS )