Kerala High Court
R.Kishor vs Travancore Devaswom Board on 12 August, 2021
WP(C) No.3364/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Thursday, the 12th day of August 2021 / 21st Sravana, 1943
WP(C) NO. 3364 OF 2021
PETITIONER:
R.KISHOR, AGED 40,
S/O. RAVEENDRAN, PULARI,
KUDAVATTOOR P.O., KOTTARAKKARA.
RESPONDENTS:
1. TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM 695 003 ,
REPRESENTED BY ITS SECRETARY.
2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM 695 003.
3. SPECIAL OFFICER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM 695 003.
4. COMMISSIONER, STATE COMMISSIONERATE FOR PERSONS WITH DISABILITIES
SASTHAMANGALAM, THIRUVANANTHAPURAM 695 010.
5. DIRECTOR OF COLLEGIATE EDUCATION, DEPARTMENT OF HIGHER EDUCATION,
SECRETARIAT, ANNEXE, THIRUVANANTHAPURAM 695 001.
6. UNIVERSITY OF KERALA, REPRESENTED BY THE VICE CHANCELLOR, UNIVERSITY
OF KERALA PALAYAM, THIRUVANANTHAPURAM 695 001.
7. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY THE VICE CHANCELLOR, M.G.
UNIVERSITY, KOTTAYAM 686 560.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
I) Keep one post vacant and unfilled out of the 7 advertised post of
Assistant professor in the subject of mathematics in colleges affiliated
to the University of Kerala notified as per Exhibit P3, provisionally and
subject to the result of the writ petition, and;
II) Direct the respondents 1-3 to proceed with further recruitment
as per Exhibit P3 notification only after complying with the provisions of
Rights of Persons with Disabilities Act-2016.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
16.02.2021 and upon hearing the arguments of SRI.ARUN BABU, Advocate for
the petitioner, STANDING COUNSEL for R1 to R3, GOVERNMENT PLEADER for R4 &
R5, STANDING COUNSEL for R6 and of SRI.ASOK M. CHERIAN, STANDING COUNSEL
for R7, the court passed the following:
WP(C) No.3364/2021 2/6
WP(C) No.3364/2021 3/6
APPENDIX OF WP(C) 3364/2021
EXHIBIT P3 THE TRUE COPY OF THE NOTIFICATION DATED 03/11/2020
BEARING NUMBER ROC NO. 8468/15/COLL ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE NOTIFICATION DATED 18.11.2018
NUMBERING G.O.(P) NO. 18/2018/SJD.
WP(C) No.3364/2021 4/6
AMIT RAWAL, J.
=================
W.P.(C).No.3364 of 2021
=====================
Dated this the 12th day of August, 2021
ORDER
During the course of the argument it has surfaced that
Travancore Devaswom Board by notification dated 03.11.2020
invited application for filling up the post of Assistant Professor in
various subjects English, Malayalam, Politics, Mathematics and
Economics and colleges working under it affiliated to Kerala
University and Mahatma Gandhi University. The notification Ext.P3
do not prescribe any reservation either under the SC/OBC or
physically handicapped persons as per the Rights of Persons with
Disabilities Act 2016. Petitioner who is a disabled having a low vision
challenged the aforementioned notification before this Court vide
writ petition on 09.02.2021 and this Court vide interim order dated
16.02.2021 directed that the selection shall be made in terms of the
order dated 18.11.2018 (Ext.P2). It has been brought to the notice
of this Court that the selection in respect of the colleges affiliated
with the Kerala University is already over and as regards the other,
it is under way as the interviews of both subjects English and
Malayalam are scheduled to be held on 24.8.2021 and mid of next
month, respectively. I am afraid the action of the Devaswom Board
WP(C) No.3364/2021 5/6
W.P.(C).NO.3364 of 2021
coming out with the appointment on account of the notification
without keeping the reservation is against the provisions of the
Act, i.e., Section 34; as Section 2(K) of 2016 Act defines the
Government establishment means a corporation established by or
under a Central Act or State Act or an authority or a body owned or
controlled or aided by the Government. Concededly, the salary of
the employees of Devaswom Board is paid by the Government. Not
only this even on 15.02.2021 Government came out with an order
pursuance to the judgment dated 26.08.2020 in W.P.(C).No.
224/2019 whereby all the Managers of the Private, Aided, Arts and
Science Colleges, Training Colleges, Polytechnic Colleges have been
directed to include the provisions of reservation as per the
provisions of Rights of Persons with Disabilities Act 2016, Clause 4
reads as under:
"4. Managers of all Private Aided Arts & Science
Colleges/Private Aided Training Colleges/Private Aided Arabic
Colleges/Private Aided Polytechnic Colleges and Private
Aided Engineering Colleges should hereafter include the
provisions of this reservation in the notifications inviting
applications for filling the posts identified as suitable in their
colleges. Separate rank list should be prepared including the
candidates from the category of persons with disabilities ."
WP(C) No.3364/2021 6/6
W.P.(C).NO.3364 of 2021
I am afraid the selections made so far is not in compliance
with the order Ext.P2 and those underway cannot be permitted to
continue without keeping the reservation because the contentions in
reply reveals that the persons who had already submitted under the
Right of Disabilities Act shall be considered separately. This would
lead to discrimination as other persons were deprived of making
such applications. It is also violation of Article 16 of the Constitution
of India. Keeping in this view of the matter, learned counsel for the
petitioner seeks leave of this Court for impleading the selected
candidates as respondents, the details of which be provided by the
counsel for the Devaswom Board to the petitioner within one week.
However, the selection process already undertaken shall be subject
to the outcome of the writ petition and the further selections which
are underway are ordered to be stayed till further orders.
Post this matter on 07.09.2021.
Sd/-
AMIT RAWAL, JUDGE
naksa/131219sassssabs10.
12-08-2021 /True Copy/ Assistant Registrar
