Suja George vs State Of Kerala
2021 Latest Caselaw 18522 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                     WP(C) NO. 18227 OF 2021
PETITIONER:

    1     SUJA GEORGE,
          AGED 43 YEARS
          W/O. BIJU KURIAN, ANIKKATHADATHIL HOUSE,
          KULIRAMUTTI P.O., KOODARANJI,
          KOZHIKODE DISTRICT-673604.

          BY ADVS.
          P.A.JENZIA
          V.RAJASEKHARAN NAIR

RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT ANNEXE-II,
          THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM -695014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          CIVIL STATION, KOZHIKODE-673020.

    4     THE DEPUTY DIRECTOR OF EDUCATION,
          KAKKANAD @ ERNAKULAM-682030.

    5     THE DISTRICT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE DISTRICT-673573.

    6     THE DISTRICT EDUCATIONAL OFFICER,
          ERNAKULAM-682308.

    7     THE CORPORATE MANAGER,
          MARKAZ EDUCATIONAL AGENCY, KARAMTHUR,
 WP(C) NO. 18227 OF 2021
                                    2

             KOZHIKODE-673571.

     8       THE PRINCIPAL,
             FM HSS KOOMBARA, THAMARASSERY,
             KOZHIKODE DISTRICT-673604.

     9       THE PRINCIPAL,
             AL-FAROOKHIA HIGHER SECONDARY SCHOOL,
             VIA EDAPPALLY, CHERANALLOOR,
             ERNAKULAM DISTRICT-682034.

    10       THE PRINCIPAL,
             MARKAZ GIRLS HS, KARANTHUR,
             KOZHIKODE DISTRICT-673571.

    11       THE PRINCIPAL,
             MARKAZ BOYS HSS, KARANTHUR,
             KOZHIKODE DISTRICT-673571.

             BY ADV. SRI.BIJOY CHANDRAN, GP


      THIS    WRIT     PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     08.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18227 OF 2021
                                     3




                              JUDGMENT

Dated this the 08th day of September, 2021

The petitioner was working as resource person when

she was hit by the school bus on 01.02.2017, and was

injured. She suffered 50% disability. According to the

petitioner, she is entitled for benefits under the provisions

of Persons with Disabilities (Equal Opportunities

Protection of Right and Full Participation) Act, 1995 and

Rights of Persons with Disabilities Act, 2006, which are

made applicable to all Educational Institutions. She had

submitted representations as Ext.P11 before the fifth

respondent, and Ext.P12 before the third respondent.

The limited prayer now sought by the petitioner is for a

direction to the above authorities to consider her

representations and to dispose it of, as expeditiously as

possible.

2. Having heard the learned Counsel for the

petitioner and the learned Government Pleader, I am

inclined to dispose of the Writ Petition itself directing the WP(C) NO. 18227 OF 2021

third and the fifth respondent to take up Ext.P12 and

Ext.P11 respectively and to pass appropriate orders on it,

after giving a reasonable opportunity of being heard to

the petitioner and also to the seventh respondent or its

representatives, either physically and if not possible,

virtually, within a period of two months from the date of

receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/8-9 WP(C) NO. 18227 OF 2021

APPENDIX OF WP(C) 18227/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MA CERTIFICATE OF THE PETITIONER ISSUED BY THE INDIRA GANDHI OPEN UNIVERSITY DATED 25/02/2014.

EXHIBIT P2 TRUE COPY OF THE B.ED CERTIFICATE OF THE PETITIONER ISSUED BY THE INDIRA GANDHI OPEN UNIVERSITY DATED 14/02/2011.

EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DR. PRADEEP KUMAR, SR. CONSULTANT AND HOD, DEPARTMENT OF ORTHOPAEDICS DATED 14/05/2018.

EXHIBIT P3(A) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DR. PRADEEP KUMAR, SR. CONSULTANT AND HOD, DEPARTMENT OF ORTHOPAEDICS DATED 21/05/2018.

EXHIBIT P3(B) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DR. PRADEEP KUMAR, SR. CONSULTANT AND HOD, DEPARTMENT OF ORTHOPAEDICS DATED 22/08/2020.

EXHIBIT P4 TRUE COPY OF THE DISABILITY CERTIFICATE OF THE PETITIONER DATED 11/02/2021 ISSUED BY THE HEALTH SERVICE DEPARTMENT, GOVERNMENT TALUK HOSPITAL, THAMARASSERY.

EXHIBIT P5 TRUE COPY OF THE GO(P) NO. 18/2018/SJD DATED 18/11/2018.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH IN WA NO.1237/2020 DATED 04/02/2021.

EXHIBIT P7 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP NO. 6669/2021 DATED 05/07/2021.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE WP(C) NO. 18227 OF 2021

MANAGER DATED 11/03/2021.

EXHIBIT P9 TRUE COPY OF THE LETTER OF THE CORPORATE MANAGER ADDRESSING THE MANAGER DATED 05/08/2021.

EXHIBIT P10 TRUE COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT MADE BY THE PETITIONER DATED 06/08/2021.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEO, THAMARASSERY DATED 05/08/2021.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DDE, KOZHIKODE DATED 05/08/2021.

RESPONDENTS EXHIBITS: NIL TRUE COPY P.A. TO JUDGE