Kerala High Court
The Corporate Manager (Dr.Gabriel Mar ... vs The State Of Kerala on 22 April, 2025
WP(C) NO. 16451 OF 2025 1
2025:KER:32839
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
WP(C) NO. 16451 OF 2025
PETITIONER
THE CORPORATE MANAGER (DR.GABRIEL MAR GREGORIOS),
CATHOLICATE & MD SCHOOLS, DEVALOKAM, KOTTAYAM
AGED 78 YEARS
S/O MATHAI JOHN (RESIDING AT DEVALOKAM,ARAMANA,
MUTTAMBALAM P.O, KANJIKUZHI, KOTTAYAM DISTRICT), PIN -
686004
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY) NEW BUILDING, ULLOOR LANE,
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
3 THE DIRECTOR OF GENERAL EDUCATION
(VOCATIONAL HIGHER SECONDARY)
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
4 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
5 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
NEAR PULIMOODU JN, KOTTAYAM DISTRICT, PIN - 686001
WP(C) NO. 16451 OF 2025 2
2025:KER:32839
6 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121
7 THE DEPUTY DIRECTOR OF EDUCATION
PALACE RD, MOOLAVATTOM, KOTTAYAM DISTRICT, PIN - 686001
8 THE DEPUTY DIRECTOR OF EDUCATION
KODIVEEDU, ALAPPUZHA DISTRICT, PIN - 688001
9 THE DISTRICT EDUCATIONAL OFFICER
THIRUNAKARA, KOTTAYAM DISTRICT, PIN - 686001
10 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA
DISTRICT, PIN - 688005
11 THE DISTRICT EDUCATIONAL OFFICER
MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101
BY ADV.JASMINE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16451 OF 2025 3
2025:KER:32839
JUDGMENT
The petitioner is the Corporate Manager of Catholicate & MD
Schools, Kottayam, having many Aided Schools in terms of the Kerala
Educational Act and Rules, in the State of Kerala.
2. The Rights of Persons with Disability Act, 2015 requires 4%
reservation in appointments for differently abled hands. It is made
applicable to the Aided Schools as well. The turn of appointments is
also prescribed as 1, 26, 51, and 76 for differently abled hands. In
compliance, the petitioner has set apart eversomany posts so as to
accommodate differently abled hands.
3. It is evident that the petitioner has complied with the
requirements covered by Exts.P1 and P2. The Employment Exchange
concerned is busy with the processing of candidates for the posts
reported by the petitioner. Yet, the other appointments effected by
the petitioner as against regular posts under the Management are
not processed by the Educational Officer concerned for want of
physical inductment of qualified differently abled hands for the posts
covered by reservation. In the meanwhile, any number of
appointments effected by the petitioner under the management are
2025:KER:32839
pending approval.
4. It was in similar circumstances that the NSS management
moved the Hon'ble Apex Court and got Order dated 04.03.2025.
Consequently, Government issued Order dated 17.03.2025. But it
would appear that Ext.P4 is applicable only in respect of the Schools
under the NSS Management. In fairness, the benefits flowing from
Exts.P3 and P4 ought to have been made applicable in respect of the
appointments under the managements that are similarly situated.
5. This Court in Central Finance and Investments and
another v. Secretary, Kothamangalam Municipality and
others [2021 (6) KHC 56], has held that a judgment would be of
binding nature for administrative and quasi-judicial authorities. In
Somukuttan Nair v. State of Kerala [1997 KHC 114], it has
been held that when the Supreme Court as well as this Court
successively upheld the claims of the persons like the petitioner who
did not approach the Courts for the redressal of their grievances,
there is absolutely no justification for the Government to deny all the
consequential benefits as declared by the Supreme Court to the
petitioners. In the light of the aforesaid judgments, the benefits
flowing from Exts.P3 and P4 cannot be denied to the petitioner. In
2025:KER:32839
such circumstances, the petitioner moved the Government with
representation dated 09.04.2025.
6. I have heard the learned Counsel for the petitioner and the
learned Government Pleader representing the respondents.
7. The approval to the Teachers appointed by the petitioner was
not granted on regular basis on the ground that Persons with
Disabilities were not properly accommodated as per reservation
entitlement. Now that this Court has passed Ext.P6, the issue has to
be relooked by the respondents.
In the afore facts of the case, the writ petition is disposed of
directing the 1st respondent to consider Ext.P8 representation
submitted by the petitioner and take appropriate decision
thereon within a period of four months.
Sd/-P.M.MANOJ
JUDGE
lsn
2025:KER:32839
APPENDIX OF WP(C) 16451/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE G.O.(P).NO.12/2019/SJD DATED
31.10.2019
Exhibit P-2 TRUE COPY OF THE G.O.(MS.).NO.111/2022/GEDN
DATED 25.06.2022
Exhibit P-3 TRUE COPY OF THE ORDER IN CIVIL APPEAL NO.SLP
NO.11373/2024 DATED 04.03.2025
Exhibit P-4 TRUE COPY OF THE G.O.(MS.) NO.43/2025/GEDN
DATED 17.03.2025
Exhibit P-5 TRUE COPY OF THE DECISION REPORTED IN 2021
(6) KHC 59 (CENTRAL FINANCE & INVESTMENTS AND
ANOTHER V. SECRETARY, KOTHAMANGNALAM
MUNICIPALITY AND OTHERS) DATED 01.10.2021
Exhibit P-6 TRUE COPY OF THE DECISION REPORTED IN 1997
KHC 114 (SOMUKUTTAN NAIR V. STATE OF KERALA)
DATED 18.02.1997
Exhibit P-7 TRUE COPY OF THE G.O.(MS.)NO.101/2023/GEDN
DATED 18.07.2023
Exhibit P-8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE GOVERNMENT DATED
09.04.2025
Exhibit P-9 TRUE COPY OF THE JUDGMENT IN WPC
NO.12869/2025 DATED 28.03.2025
Exhibit P-10 TRUE COPY OF THE JUDGMENT IN WPC
NO.14317/2025 DATED 07.04.2025
Exhibit P-11 TRUE COPY OF THE JUDGMENT IN WPC
NO.14371/2025 DATED 07.04.2025
Exhibit P-12 TRUE COPY OF THE JUDGMENT IN WPC
NO.15136/2025 DATED 10.04.2025
