Samajam Higher Secondary School, ... vs 1. State Of Kerala
2023 Latest Caselaw 1118 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                               &
          THE HONOURABLE MRS. JUSTICE C.S. SUDHA
  WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA,
                           1944
                     WA NO. 65 OF 2023
    AGAINST THE INTRIM ORDER DATED 19.12.2022 IN WP(C)
            36659/2022 OF HIGH COURT OF KERALA
APPELLANTS/WRIT PETITIONERS:

    1     SAMAJAM HIGHER SECONDARY SCHOOL,
          MUTHUKULAM, MUTHUKULAM SOUTH.P.O,
          ALAPPUZHA DISTRICT, PIN- 690 506,
          REPRESENTED BY ITS MANAGER.
    2     CHENTHRAPPINNI HIGHER SECONDARY SCHOOL,
          P.O. CHENTHRAPPINNI, TRICHUR- 680687,
          REPRESENTED BY ITS MANAGER,
    3     MUKKOM MUSLIM ORPHANAGE COMMITTEE,
          MUKKOM, KOZHIKODE DISTRICT - 673602,
          REPRESENTED BY ITS MANAGER.
    4     SREE NARAYANA HIGHER SECONDARY SCHOOL
          OKKAL, ERNAKULAM REPRESENTED.
    5     SREE NARAYANA GIRI LOWER PRIMARY SCHOOL,
          THOTTUMUGAM, ALUVA, ERNAKULAM DISTRICT - 683105,
          REPRESENTED BY ITS MANAGER(THE SECRETARY OF
          S.N.S.SAMAJAM)
    6     N.S.S.U.P.SCHOOL,
          CHUNAKARA NORTH, ALAPPUZHA,
          REPRESENTED BY ITS MANAGER.
    7     H.S.S.THIRUVAMPADY,
          PAZHAVEEDU.P.O, ALAPPUZHA-9
          REPRESENTED BY ITS MANAGER
 Writ Appeal No.65 of 2023       2



     8      KOPPARETHU HIGHER SECONDARY SCHOOL,
            PUTHIYAVILA, PATTOLI MARKET.P.O, ALAPPUZHA -
            690531, REPRESENTED BY ITS MANAGER
     9      P.P.M HIGHER SECONDARY SCHOOL,
            KOTTUKKARA, P.O. KONDOTTY - 673638,
            REPRESENTED BY ITS MANAGER
    10      S.N.D.P.H.S.SCHOOL,
            KUTTAMANGALAM.P.O, KAINAKARY,
            ALAPPZUHA - 688501,
            REPRESENTED BY ITS MANAGER.
    11      T.D.H.S.SCHOOL
            THURAVOOR, ALAAPPUZHA DISTRICT,
            REPRESENTED BY IT MANAGER H.PREMKUMAR.
    12      MSM HIGHER SECONDARY SCHOOL,
            KALINGAPARAMBA, MALAPPURAM,
            REPRESENTED BY ITS MANAGER.
    13      ABDULLA KUNJU MEMORIAL HIGHER SECONDARY SCHOOL,
            MYLAPURE, UMAYANALLOORR P.O.,
            KOLLAM - 691589, REPRESENTED BY ITS MANAGER.
    14      V.M.H.M. HIGHER SECONDARY SCHOOL,
            ANAYAMKUNNU, P.O.KUMARANELLUR,
            MUKKOM, KOZHIKODE DISTRICT
            REPRESENTED BY ITS MANAGER.
    15      C.P.POCKER HAJI MEMORIAL HIGHER SECONDARY SCHOOL
            OZHUR, VELLACHAL.P.O., MALAPPURAM DISTRICT -
            676106, REPRESENTED BY ITS MANAGER
    16      NARAYANAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL
            CHELAMBRA, PULLIPARAMBU.P.O, MALAPPURAM -
            673634, REPRESENTED BY ITS MANAGER.
    17      PAPPU MASTER MEMORIAL UPPER PRIMARY SCHOOL,
            CHENTRAPPINNI, THRISSUR DISTRICT,
            REPRESENTED BY ITS MANAGER.
    18      DEVI VILASAM VOCATIONAL HIGHER SECONDARY SCHOOL,
            VELIYAMBALAM, NADAVAYAL, PULPALLY,
            WAYANAD - 673579, REPRESENTED BY ITS MANAGER
            BY ADV M.R.ANISON
 Writ Appeal No.65 of 2023       3




RESPONDENTS/RESPONDENTS:

     1      STATE OF KERALA REPRESENTED BY ITS
            SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
     2      THE DIRECTOR OF GENERAL EDUCATION,
            OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
            SMT.B.VINITHA SR.GP
         THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Writ Appeal No.65 of 2023              4



             P.B.SURESH KUMAR & C.S.SUDHA, JJ.
              -----------------------------------------------
                   Writ Appeal No.65 of 2023
              -----------------------------------------------
           Dated this the 18th day of January, 2023


                               JUDGMENT

P.B.Suresh Kumar, J.

This writ appeal is directed against the interim order

dated 19.12.2022 in W.P.(C) No.36659 of 2022. Appellants are

the petitioners in the writ petition.

2. The writ petition was instituted by the

appellants challenging clauses 6 and 8 of Ext.P7 order and

clause 2 of Ext.P9 order issued by the Government prescribing

the procedure for effecting appointments of differently abled

persons in aided schools, in terms of the provisions contained in

the Persons with Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995 and the Rights of

Persons with Disabilities Act, 2016. The appellants are

Managers of various aided schools. Along with writ petition, the

appellants prayed for stay of implementation of clauses 6 and 8

of Ext.P7 order and clause 2 of Ext.P9 order. The appellants also

prayed for an interim direction in the writ petition to the

Educational Authorities not to reject the proposals for approval

of the appointments of teaching and non-teaching staff in their

respective schools. The learned Single Judge declined to grant

the interim reliefs sought for by the appellants, in terms of the

impugned order.

3. Heard the learned Senior Counsel for the

appellants as also the learned Government Pleader.

4. The learned Senior Counsel for the appellants

elaborately argued the writ petition on the merits and

submitted that it is a fit case where the learned Single Judge

ought to have granted the interim reliefs sought for by the

appellants. According to the learned Senior Counsel, the

learned Single Judge did not grant the interim reliefs in the light

of the interim order passed by this Court in W.A.No.1682 of

2022 and connected cases preferred against the judgment in

W.P.(C) No.19808 of 2021, declining stay of operation of the

judgment impugned therein. According to the learned Senior

Counsel, the present case has nothing to do with W.P.(C)

No.19808 of 2021 and the writ appeals preferred against the

judgment therein, as Exts.P7 and P9 orders were not under

challenge in W.P.(C) No.19808 of 2021.

5. A perusal of the impugned order indicates that

the learned Single Judge was not inclined to grant the interim

reliefs sought for by the appellants in the writ petition in the

light of the observations and directions issued in W.P.(C)

No.19808 of 2021 as clarified by this Court in W.A.No.1682 of

2022 and connected cases. The submission made by the

learned Senior Counsel that the learned Single Judge did not

grant the interim reliefs in the light of the interim order passed

by this Court in W.A.No.1682 of 2022 and connected cases, is

without any substance. Appeals under Section 5 of the Kerala

High Court Act, 1958 cannot be entertained against orders

declining interim reliefs in the writ petitions, in exercise of the

discretionary jurisdiction vested in the court under Article 226

of the Constitution.

The writ appeal, in the circumstances, is without

substance and the same is, accordingly, dismissed. The

appellants may move the learned Single Judge, if so advised,

for disposal of the writ petition on merits, notwithstanding the

pendency of W.A.No.1682 of 2022 and connected cases.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

C.S.SUDHA, JUDGE.

YKB