Kerala High Court
Baiju K.P vs The State Of Kerala on 23 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
WP(C) NO. 42638 OF 2022
PETITIONER/S:
BAIJU K.P
AGED 38 YEARS
S/O NARAYANAN FTM, PERMBRA HIGHER SECONDARY SCHOOL
PERAMBA - 673 525 (RESIDING AT CHERIAYAMADATHIL VEEDU,
KALPATHUR P.O, MEPAYOOR VIA 673 524).
BY ADVS.
ZUBAIR PULIKKOOL
P.A.JENZIA
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
MANACHIRA, KOZHIKKODE-673 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
THAMARASSERY, KOZHIKODE-673 004.
5 THE MANAGER,
PERAMBRA H S S, PERAMBRA ,KOZHIKKODE- 673 525.
W.P. (C) No.42638 of 2022 2
SMT.NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P. (C) No.42638 of 2022 3
JUDGMENT
The petitioner states that he is a person with 40% locomotor disability.
When a vacancy to the post of Full-Time Menial arose in the Perambra HSS,
an aided school run by the 6th respondent Manager, the petitioner submitted
Ext.P6 representation, which was followed with Ext.P7. According to the
petitioner, he is entitled to be appointed to the post in view of the provisions
of the Persons with Disability (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995 and the Rights of Persons with Disabilities Act,
2016. When no action was taken by the Manager, the petitioner submitted
Ext.P8 representation before the 4th respondent. It is in the afore
circumstances, that this writ petition is filed seeking issuance of directions to
the 5th respondent to appoint the petitioner against available FTM vacancy
and for ancillary reliefs.
2. Smt.Jenziya, the learned counsel appearing for the petitioner,
submitted that for the time being, the petitioner would be satisfied if
directions are issued to the 4th respondent to consider Ext.P8 and take a
decision expeditiously.
3. I have heard the learned Government Pleader.
4. After having carefully evaluated the contentions raised in this
writ petition, the submissions made across the Bar, and the facts and
circumstances, I am of the view that this writ petition can be disposed of at
the admission stage itself by issuing the following directions:
a) There will be a direction to the 4th respondent to
take up, consider and pass appropriate orders on
Ext.P8, after affording an opportunity of being heard,
either physically or virtually, to the petitioner herein
or his authorized representative and the 5th
respondent.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within six weeks from the
date of production of a copy of this judgment.
c) It would be open to the petitioner to produce a copy
of the writ petition along with the judgment before
the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sru
APPENDIX OF WP(C) 42638/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DISABILITY CERTIFICATE
NO.9104 DATED 22.03.2014 ISSUED BY THE
MEDICAL BOARD CONSTITUTED THE DISTRICT
MEDICAL OFFICER.
Exhibit P2 TRUE COPY OF THE UNIQUE DISABILITY ID.
Exhibit P3 TRUE COPY OF THE G.O.(P) NO.18/2018/SJD DATED
18.11.2018.
Exhibit P4 TRUE COPY OF THE G.O.(MS)NO.111/2022/G.EDN
DATED 25.06.2022.
Exhibit P5 TRUE COPY OF THE G.O.(MS.) NO. 162/2022/G.EDN
DATED 19.09.2022.
Exhibit P6 TRUE COPY OF THE LETTER OF THE PETITIONER
ADDRESSING THE MANGER DATED 28.04.2022 (ALONG
WITH SENDING RECEIPT).
Exhibit P7 TRUE COPY OF THE LETTER OF THE PETITIONER
ADDRESSING THE MANGER DATED 26.06.2022.
Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE GOVERNMENT DATED
08.11.2022.
RESPONDENTS EXHIBITS : NIL
