Kerala High Court
Harikrishnan.M.K vs The State Of Kerala on 31 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 8090 OF 2022
PETITIONER/S:
1 HARIKRISHNAN.M.K.,
AGED 27 YEARS
S/O. VIJAYAKUMAR M.K.,
MANAKANDIYIL HOUSE, VELLIPARAMBA P.O.,
KOZHIKODE 673 008.
2 KABBAB BEERAN, T.K.,
S/O. ABDURAHMAN,
THAVARAM KUNNATHU HOUSE,
VENGALOOR P.O., MALAPPURAM 676 102.
3 FATHIMATH MUSFIRA V.,
D/O. UMMER, VAZHANGODAN HOUSE,
KARIKKIDAMKUNNU P.O., PALAKKAD 678 601.
4 YASER YASEEN .P.,
S/O. KUNHIMUHAMMED, POOLAKUNNAN HOUSE,
TRIKKALANGODE P.O., MALAPPURAM 676 123.
5 RAHIYANATH.E,
D/O. MOOSA, ELAYAD HOUSE,
CHANDAKUNNU P.O., NILAMBUR , 679 329.
BY ADVS.
P.K.NANDINI
JUBYRAJ.A.P
JISHAMOL CLEETUS
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY EDUCATION),
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM 695 001.
WP(C) NO. 8090 OF 2022
2
3 REGIONAL DEPUTY DIRECTOR, THIRUVANANTHAPURAM,
HIGHER SECONDARY EDUCATION,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM 695 033.
4 REGIONAL DEPUTY DIRECTOR CHENGANNUR,
HIGHER SECONDARY EDUCATION, CHENGANNUR 689 121.
5 REGIONAL DEPUTY DIRECTOR KOTTAYAM.
HIGHER SECONDARY EDUCATION, KOTTAYAM 686 001.
6 REGIONAL DEPUTY DIRECTOR ERNAKULAM,
HIGHER SECONDARY EDUCATION,
EDAPPALLY RAGHAVAN PILLAI ROAD,
DEVANKULANGARA, ERNAKULAM 682 024.
7 REGIONAL DEPUTY DIRECTOR MALAPPURAM,
HIGHER SECONDARY EDUCATION,
MALAPPURAM 676 505.
8 REGIONAL DEPUTY DIRECTOR KOZHIKODE,
HIGHER SECONDARY EDUCATION,
KOZHIKODE 673 001.
9 REGIONAL DEPUTY DIRECTOR KANNUR,
HIGHER SECONDARY EDUCATION,
PAYYAMBALAM, KANNUR 670 002.
10 THE STATE OF KERALA,
REPRESENTED BY SECRETARY SOCIAL JUSTICE DEPT.
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
11 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
SRI PREMCHAND R NAIR SR GP
SMT. NISHA BOSE, SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 8090 OF 2022
3
JUDGMENT
The above writ petition is filed seeking the following reliefs:
i. Issue a Writ of Certiorari calling for records and quash Ext.P4 order
dated 01-02-2022 issued by 2nd respondent;
ii. To issue a direction to the 2nd respondent not to grant approval to
any appointment made by the appointing authorities without
implementing the statutory provisions of reservation for the disabled;
iii. Issue an order declaring that posts of Higher Secondary School
Teacher and Higher Secondary School Teacher(Junior) are identified
posts for disabled persons and any appointment without implementing
reservation to the disabled persons to these posts are illegal;
iv. Issue a Writ of Mandamus directing 1st & 2nd Respondent to issue
orders to Managers of all Aided Higher secondary Schools to include
the provisions of Reservation for the disabled in the notifications
inviting applications for filling the posts of Higher Secondary School
Teachers and Higher Secondary School Teachers (Junior) providing 4%
reservation immediately.
v. To issue Writ of Mandamus directing the 1st & 2nd respondent to
issue necessary orders to Managers of all the Aided Higher Secondary
Schools to implement 3% reservation to the disabled persons w.e.f.
07-02-1996 and to take immediate steps to conduct Special
Recruitment to fill up the backlog vacancies as per directions in Ext.P1.
WP(C) NO. 8090 OF 2022
2. It appears that the issues raised by the petitioner herein had
come up for consideration before this Court in W.P.(C.) No. 19808/2021 and
connected cases and this Court by judgment dated 10.08.2022 had disposed
of the writ petition by issuing the following directions:
"In view of the discussion above, this Court holds that the petitioners
are entitled to succeed. The following directions are issued while disposing of
the writ petitions.
a) It is declared that the Managers of Aided Schools are bound by
G.O.(P) No.18/2018/SJD dated 18.11.2018, and they shall provide 3%
reservation of the total number of vacancies in the cadre strength in
appointments in Aided Schools to the posts with effect from 07.02.1996 and to
fill the backlog from 07.02.1996 to 18.04.2017; and 4% reservation of the
total number of vacancies in the cadre strength in appointments in Aided
schools with effect from 19.04.2017 in tune with G.O.(P) No. 5/19/SJD dated
7/05/2019 and the orders referred to therein.
b) Order dated 06.09.2021 vide No. H(2)/19500/2019/D.G.E.
issued by the Additional Director General (Ext.P4 in W.P.(C) No.19808/2021)
will stand quashed.
c) G.O.(P) No.19/2021/G.Edn. dated 08.11.2021 (Ext.P5 in
W.P.(C) No.19808/2021) and Order dated 07.12.2021 vide No.
H(2)/295299/2021/D.G.E. issued by the Additional Director General (Ext.P6 in
W.P.(C) No.19808/2021) to the extent that it fixes a cut off date and directs
that only vacancies in Aided schools which arise after 08.11.2021 shall be
filled up in terms of the 1995 Act/2016 Act will stand quashed.
d) In terms of G.O.(M.S) No.111/2022/G.Edn. dated 25.06.2022
but without the cutoff date fixed as 08.11.2021, backlog vacancies from
07.04.1996 shall be calculated and the roster shall be prepared within a period
WP(C) NO. 8090 OF 2022
of two months from today tabulating the first in 33 vacancies from 07.02.1996
and the first in 25 vacancies from 19.04.2017 onwards for absorbing
differently abled in the process of recruitment in Aided Schools in respect of
vacancies that have arisen after the date of issuance of G.O.(P)
No.18/2018/SJD dated 18.11.2018 as upheld by this Court in Renjith (supra)
and in tune with G.O.(P) No. 5/19/SJD dated 7/05/2019 and the previous
orders referred to therein.
e) Appointments already made by the management after the date
of issuance G.O.(P) No.18/2018/SJD dated 18.11.2018 in respect of which
approval has not been granted by the educational authorities to date shall be
subject to the directions above. Only after filling the backlogs as directed
above, shall approval be granted in respect of those appointments. Approval
of appointments already granted shall not be unsettled."
3. The directions issued as above will apply on all fours in this
petition as well.
4. In view of the directions above, Exhibit P4 cannot be sustained
under the law, and the same is quashed. The directions issued by this Court
in the judgment dated 10.08.2022 in W.P.(C.) No. 19808/2021 will cover the
issue, and this writ petition will stand disposed of in terms of the said
directions.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 8090 OF 2022
APPENDIX OF WP(C) 8090/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER ISSUED BY RESPONDENT ON
18.11.2018.
Exhibit P2 TRUE COPY OF JUDGMENT OF THIS HONBLE HIGH COURT
IN WPC 1806/2019 DATED 26.08.2020.
Exhibit P3 TRUE COPY OF ORDER NO. GOP 19/2021 GEDN DATED
08.11.2021 ISSUED BY IST RESPONDENT.
Exhibit P4 TRUE COPY OF ORDER NO. ACD.CI/223490/2021/HSC
DATED 01.02.2022 ISSUED BY 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF ORDER NO. GOP 19/2020/SJD DATED
25.08.2020 BY 10TH RESPONDENT.
Exhibit P6 TRUE COPY OF ORDER NO. GOP 5/2019/SJD DATED
07.05.2019 BY 10TH RESPONDENT.
Exhibit P7 TRUE COPY OF GAZETTE NOTIFICATION INVITING
APPLICATION FOR HSS TEACHER ENGLISH DATED
31.12.2021 BY KERALA PUBLIC SERVICE COMMISSION.
