Kerala High Court
Sidheek Ul Akbar vs The State Of Kerala on 7 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:59364
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 29459 OF 2025
PETITIONER:
SIDHEEK UL AKBAR
AGED 35 YEARS, S/O. ABDUL RAHIMAN,
RESIDING AT KURUMKULAM HOUSE, MARAMPALLY P.O.
ALUVA, ERNAKULAM, PIN - 683105.
BY ADVS.
SHRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM-, PIN - 695001.
3 THE DEPUTY DIRECTOR OF EDUCATION
PADMAVILASOM ROAD, FORT P.O,
THIRUVANANTHAPURAM-, PIN - 695001.
W.P.(C)No.29459 of 2025
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BY ADV.SMT. K. AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.29459 of 2025
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JUDGMENT
Dated this the 7th day of August, 2025
The petitioner would state that he has 70% orthopeadic
locomotor disability due to the muscular dystrophy. The
petitioner belongs to OBC Community. The petitioner applied
for admission to Diploma in Elementary Education (D.EL.Ed.)
Course.
2. The petitioner submits that as per Ext.P5
notification dated 01.08.2025, those who apply for the post
should have passed qualifying course within three chances. If
any applicant has appeared in SAY (Save A Year) examination,
the same will also be treated as an attempt. However, the
requirements in marks and such chances will not apply to
Scheduled Caste and Scheduled Tribe candidates.
3. The petitioner would submit that the Hon'ble
Apex Court in the judgment in Aryan Raj v. Chandigarh
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Administration and others [Civil Appeal No.2718 of 2020] has
held that people suffering from disabilities are also socially
backward and are therefore, at the very least, entitled to the
same benefits as given to the Scheduled Castes / Scheduled
Tribes candidates.
4. The petitioner submits that in view of the law
laid down by the Hon'ble Apex Court in the Civil Appeal, as per
Ext.P8 order, the petitioner is qualified for admission to the
D.EL.Ed. Course. The respondents are, therefore, compellable
to extend the same treatment granted to SC / ST students to
the petitioner also.
5. Government Pleader entered appearance and
resisted the writ petition. The Government Pleader submitted
that a candidate intending to get admitted to D.EL.Ed. Course
shall satisfy the conditions prescribed in Ext.P5 notification.
Ext.P5 notification makes it abundantly clear that candidates,
unless he or she belongs to Scheduled Caste or Scheduled
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Tribe, should have passed qualifying examination within three
attempts. The petitioner has no case that the petitioner has
passed the qualifying examination in three attempts. The writ
petition is therefore without any merit.
6. I have heard the learned Counsel for the
petitioner and the learned Government Pleader representing
the respondents.
7. The claim of the petitioner is based on Ext.P8
order of the Hon'ble Apex Court. Taking into consideration the
observations of the Hon'ble Apex Court as indicated in Ext.P8,
I am of the view that the petitioner's claim can be considered by
the competent authority.
The writ petition is accordingly disposed of permitting
the petitioner to file a representation before the 2 nd respondent
raising the claim. If the petitioner submits a representation
within two days, the 2nd respondent shall consider the
representation taking note of Ext.P8 order also and take
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appropriate decision thereon before the publication of the rank
list, after giving an opportunity of online hearing to the
petitioner. The petitioner shall produce a copy of the writ
petition to the 2nd respondent within a period of two days.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:59364
APPENDIX OF WP(C) 29459/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE SUPERINTENDANT, TALUK
HEAD QUARTERS HOSPITAL, PERUMBAVOOR
VIDE NO. B3-317/2023 DATED 18.01.2023
Exhibit P-1 (a) TRUE COPY OF THE CASE SUMMARY AND
DISCHARGE CERTIFICATE ISSUED FROM THE
DEPARTMENT OF NEUROLOGY FROM SREE
CHITRA TIRUNAL MEDICAL SCIENCE AND
TECHNOLOGY , THIRUVANANTHAPURAM DATED
27.08.2010
Exhibit P-2 TRUE COPY OF THE HIGHER SECONDARY
EXAMINATION MARK LIST OF THE PETITIONER
VIDE NO.188437(REGISTRATION N0.
4180331) DATED 15.05.2008
Exhibit P-3 TRUE COPY OF THE MARKLIST NO.
HSEA167650 WITH REG NO. 6622977 DATED
12.05.2010
Exhibit P-4 TRUE COPY OF THE DEGREE CERTIFICATE
ISSUED BY THE MG UNIVERSITY ON
03.06.2024
Exhibit P-5 TRUE COPY OF THE NOTIFICATION ISSUED
VIDE NO. M2/15368/2025 DATED 01.08.2025
Exhibit P-6 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER IS DATED 06.08.2025
Exhibit P-7 TRUE COPY OF THE DD SHOWING PAYMENT OF
FEES DATED 04.08.2025
Exhibit P-8 TRUE COPY OF THE ORDER OF THE APEX
COURT IN CIVIL APPEAL NO. 2718/2020
DATED 08.07.2020 ( ARYAN RAJ VS.
CHANDIGARH ADMINISTRATION AND ORS )
