Nair Service Society vs The State Of Kerala
2023 Latest Caselaw 9180 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
    THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                               &
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                    WA NO. 1472 OF 2023
  AGAINST THE ORDER IN    WP(C) 22572/2023 OF HIGH COURT OF
                            KERALA
APPELLANTS/PETITIONERS:


    1    NAIR SERVICE SOCIETY
         REPRESENTED BY ITS GENERAL SECRETARY,
         G. SUKUMARAN NAIR, N.S.S.HEAD OFFICE, PERUNNA,
         CHANGANASSERY P.O.,
         KOTTAYAM, PIN - 686101
    2    GENERAL MANAGER AND INSPECTOR OF N.S.S. SCHOOLS
         N.S.S.HEAD OFFICE, PERUNNA,
         CHANGANASSERY P.O.,
         KOTTAYAM, PIN - 686101
         BY ADVS.
         R.T.PRADEEP
         P.BIJIMON
         V.VIJULAL
         M.BINDUDAS

RESPONDENTS:
    1     THE STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY,
          GOVERNMENT OF KERALA, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2    SPECIAL SECRETARY
         SOCIAL JUSTICE DEPARTMENT,
         SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    3    PRINCIPAL SECRETARY
         HIGHER EDUCATION DEPARTMENT,
         SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
 WA No.1472 of 2023

                                2

     4       PRINCIPAL SECRETARY
             GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001
     5       DIRECTOR OF GENERAL EDUCATION
             OFFICE OF DIRECTOR OF GENERAL EDUCATION,
             JAGATHY, THIRUVANANTHAPURAM,, PIN - 695014

OTHER PRESENT:
          SR GP SMT.VINITHA B

      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.1472 of 2023

                                       3


   DR. A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P.JJ
                   ......................................................
                             WA No.1472 of 2023
               .................................................................
               Dated this the 23rd day of August, 2023


                                 JUDGMENT

Mohammed Nias.C.P.J

This Writ Appeal is filed by the writ petitioners, aggrieved by

the interim order dated 12.07.2023 in WP(C) No. 22572 of 2023.

2. The first appellant challenged Exts.P6 to P9 to the extent the

same pertains to filling up of the backlog vacancies in the private

aided colleges and schools. A request was sought for staying the

operation of Exts.P6 to P9 to the extent it directed to fill up backlog

vacancies under the Repealed Act, 2003, and to allow the appellant to

fill up substantive or regular vacancies other than those vacancies,

including backlog vacancies under the Repealed Act, so as to observe

the reservation for persons with disabilities.

3. The learned single Judge found that there were several writ

petitions on the same subject matter pending before this Court and

which are posted for final hearing, and as such, no interim order could WA No.1472 of 2023

be passed in this case alone. There is also a direction to post the writ

petition along with connected cases for hearing. We do not find any

illegality or impropriety in the learned single Judge declining to grant

the interim order sought. The learned single Judge had to follow a

consistent stand, and when no interim orders were passed in the

connected cases, the writ petitioners were not entitled to any interim

order. The writ appeal is dismissed without prejudice to any of his

contentions in the writ petition.

Sd/-DR. A.K. JAYASANKARAN NAMBIAR JUDGE

Sd/-MOHAMMED NIAS C.P.

JUDGE

dlk/23.8.2023