Kerala High Court
The Manager vs The State Commissioner For Persons With ... on 21 February, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:14691
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946
WP(C) NO. 39956 OF 2023
PETITIONERS:
1 THE MANAGER
ST ALOYSIUS COLLEGE, EDATHUA,
ALAPPUZHA., PIN - 689573
2 THE PRINCIPAL
ST ALOYSIUS COLLEGE, EDATHUA,
ALAPPUZHA., PIN - 689573
BY ADVS.
GEORGE JACOB (JOSE)
ROSHAN JACOB MUNDACKAL
RESPONDENTS:
1 THE STATE COMMISSIONER FOR PERSONS WITH DISABILITIES,
ANJANEYA, T.C. 9/1023, GROUND FLOOR, SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010
2 MAHATMA GANDHI UNIVERSITY
PRIYADARSHINI HILLS, KOTTAYAM.
REPRESENTED BY ITS REGISTRAR, PIN - 686560
3 THE DIRECTOR OF COLLEGIATE EDUCATION
6 TH FLOOR, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
4 THE STATE OF KERALA
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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5 TONY THOMAS,
S/O THOMAS FRANCIS, VELUTHEDATHUPARAMBU,
CHEKKIDIKADU P.O., PACHA, EDATHUA ,
ALAPPUZHA DISTRICT, PIN - 689573
6 LIPSON LONAPPAN
S/O LONAPPAN THOMAS, THELLIYIL,
CHANGANKARY P.O., EDATHUA ,
ALAPPUZHA DISTRICT, PIN - 689573
7 MANOJ XAVIER,
S/O XAVIER ANTONY, KOCHUPARAMBU,
MAMPUZHAKKARY, RAMANKARY P.O.,
ALAPPUZHA DISTRICT, PIN - 689595
8 SMT. SHEEJA THOMAS
PATHARUMCHIRA, THRIKODITHANAM P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT,
PIN - 686105
BY ADVS.
ARUN THOMAS
A.P.JAYARAJ (ANJILIKKAL)
SANTHOSH MATHEW(K/1376/1995)
KARTHIKA MARIA(K/001293/2016)
ANIL SEBASTIAN PULICKEL(K/000278/2018)
SHINTO MATHEW ABRAHAM(K/977/2018)
ABI BENNY AREECKAL(K/001482/2019)
MATHEW NEVIN THOMAS(K/000936/2019)
KARTHIK RAJAGOPAL(K/1450/2019)
KURIAN ANTONY MATHEW(K/1812/2020)
JOE S. ADHIKARAM(K/000838/2020)
P.K.NANDINI(K/229/1991)
JUBYRAJ.A.P(J-748)
JISHAMOL CLEETUS(J-637)
SRI. SURIN GEORGE IPE, SC
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.02.2025, ALONG WITH WP(C).5446/2024 & 40124/2023,
THE COURT ON 21.02.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF FEBRUARY 2025/2ND PHALGUNA, 1946
WP(C) NO. 40124 OF 2023
PETITIONERS:
1 TONY THOMAS
AGED 30 YEARS
S/O. THOMAS FRANCIS,
VELUTHEDATHUPARAMBU HOUSE,
MARIYAPURAM,
CHEKKIDIKADU P.O.,
PACHA, EDATHUA,
ALAPPUZHA DISTRICT,
PIN - 689573
2 LIPSON LONAPPAN
AGED 32 YEARS
S/O. LONAPPAN THOMAS,
THELLIYIL HOUSE,
CHANGANKARY P.O.,
EDATHUA,
ALAPPUZHA DISTRICT,
PIN - 689573
3 MANOJ XAVIER
AGED 39 YEARS
S/O. XAVIER ANTONY,
KOCHUPARAMBU HOUSE,
MAMPUZHAKKARY,
RAMANKARY P.O.,
ALAPPUZHA, PIN - 689595
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BY ADVS.
ARUN THOMAS
SANTHOSH MATHEW
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
SHINTO MATHEW ABRAHAM
ABI BENNY AREECKAL
MATHEW NEVIN THOMAS
KARTHIK RAJAGOPAL
KURIAN ANTONY MATHEW
JOE S. ADHIKARAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 MAHATMA GANDHI UNIVERSITY
PRIYADARSHINI HILLS, KOTTAYAM,
REPRESENTED BY ITS REGISTRAR,
PIN - 686560
3 THE REGISTRAR
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS,
KOTTAYAM, PIN - 686560
4 THE STATE COMMISSIONER OF PERSONS WITH
DISABILITIES
GOVERNMENT OF KERALA, 1ST FLOOR,
GOVT. VTC BUILDING,
SOCIAL WELFARE INSTITUTION COMPLEX,
THIRUVANANTHAPURAM, PIN - 695012
5 ST ALOYSIUS COLLEGE
EDATHUA, ALAPPUZHA DISTRICT,
REPRESENTED BY ITS MANAGER,
PIN - 689573
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6 THE PRINCIPAL
ST. ALOYSIUS COLLEGE, EDATHUA,
ALAPPUZHA DISTRICT, PIN - 689573
7 SMT. SHEEJA THOMAS
PATHARAMCHIRA, THRICKODITHANAM P.O.,
CHANGANASSERY, KOTTAYAM, PIN - 686105
ADDL.8 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOTTAYAM, NEAR NATTAKOM GOVERNMENT COLLEGE,
NATTAKOM P.O., KOTTAYAM, PIN - 686 013.
ADDL.9 THE DIRECTOR OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN PO
THIRUVANANTHAPURAM, PIN - 695 033.
(ADDITIONAL RESPONDENTS 8 AND 9 ARE IMPLEADED AS
PER ORDER DATED 21.02.2025 IN IA. NO.1/2025)
BY ADVS.
GEORGE JACOB (JOSE)
A.P.JAYARAJ (ANJILIKKAL)
ROSHAN JACOB MUNDACKAL(K/000794/2017)
P.K.NANDINI(K/229/1991)
JUBYRAJ.A.P(J-748)
JISHAMOL CLEETUS(J-637)
SRI. SURIN GEORGE IPE, SC
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.02.2025, ALONG WITH WP(C).39956/2023 AND CONNECTED
CASES, THE COURT ON 21.02.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF FEBRUARY 2025/2ND PHALGUNA, 1946
WP(C) NO. 5446 OF 2024
PETITIONER/S:
SHEEJA THOMAS
AGED 42 YEARS
PATHARAMCHIRA, THRIKKODITHANAM PO,
CHANGANASERRY, KOTTAYAM, PIN - 686105
BY ADVS.
P.K.NANDINI
A.P.JAYARAJ
JUBYRAJ.A.P
JISHAMOL CLEETUS
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY
HIGHER EDUCATION DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN P.O.
THIRUVANATHAPURAM, PIN - 695033
3 THE REGISTRAR
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS,
KOTTAYAM, PIN - 686560
4 THE MANAGER
ST. ALOYSIUS COLLEGE, EDATHUA
ALAPPUZHA, PIN - 689573
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5 TONY THOMAS
S/O.THOMAS FRANCIS
VELUTHEDATHUPARAMBU, CHEKKIDIKADU P.O,
PACHA, EDATHUA, ALAPPUZHA, PIN - 689573
6 LIPSON LONAPPAN
S/O. LONAPPAN THOMAS
THELLIYIL HOUSE, CHANGANKARY P.O,
EDATHUA, ALAPPUZHA, PIN - 689573
7 MANOJ XAVIER
S/O.XAVIER ANTONY
KOCHUPARAMBU HOUSE, MAMPUZHAKARY
RAMANKARY P.O, ALAPPUZHA, PIN - 689595
BY ADVS.
GEORGE JACOB (JOSE)
SANTHOSH MATHEW
ARUN THOMAS(K/844/2007)
KARTHIKA MARIA(K/001293/2016)
ANIL SEBASTIAN PULICKEL(K/000278/2018)
SHINTO MATHEW ABRAHAM(K/977/2018)
LEAH RACHEL NINAN(K/002325/2019)
KURIAN ANTONY MATHEW(K/1812/2020)
JOE S. ADHIKARAM(K/000838/2020)
MATHEW NEVIN THOMAS(K/000936/2019)
ROSHAN JACOB MUNDACKAL(K/000794/2017)
SRI. SURIN GEORGE IPE, SC
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.02.2025, ALONG WITH WP(C).39956/2023 AND
CONNECTED CASES, THE COURT ON 21.02.2025 DELIVERED THE
FOLLOWING:
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.39956 and 40124 of 2023
and 5446 of 2024
`````````````````````````````````````````````````````````````
Dated this the 21st th day of February, 2025
JUDGMENT
~~~~~~~~~
The petitioners in W.P.(C) No.39956/2023 are the
Manager and the Principal of St. Aloysius College, Edathua,
Alappuzha. The petitioners state that three vacancies of
Assistant Professors in Commerce arose in the College during
2016-2018. The vacancies remained unfilled for want of
concurrence from the State Government. In the year 2020,
the State Government issued Ext.P3 order nominating
Government representatives in the Selection Committee. The
petitioners published advertisement for selection and
appointment as per Ext.P4 notification on 14.12.2020. After
due selection process, respondents 5 to 7 were appointed as
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Assistant Professors as per Exts.P6 to P8. Respondents 5 to
7 joined duty as Assistant Professors (Commerce) on
22.02.2021.
2. The 8th respondent, who is a person with disability
and who was an applicant for selection and appointment to the
post of Assistant Professor in Commerce, filed a complaint
dated 19.02.2021 before the 1st respondent-State
Commissioner for Persons with Disabilities. The 1st
respondent issued notice to the 1 st petitioner which was
promptly responded to. However, the 1 st respondent passed
Ext.P16 order dated 31.07.2023 interfering with the
appointment granted to respondents 5 to 7.
3. The 1st respondent held that the complainant before
the 1st respondent is entitled to be appointed as Assistant
Professor under the disability reservation. The 1 st respondent
passed an order to the effect that no appointment including
the appointment of respondents 5 to 7 should be approved by
the University. The petitioners state that the 1 st
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respondent has exceeded his authority in passing Ext.P16
order. Ext.P16 is in excess of the powers of the 1 st
respondent as laid down by this Court in various precedents.
4. The petitioners state that they had made provision
for appointment of differently-abled candidates. The
appointment of respondents 5 to 7 was against community
quota. The 8th respondent is not justified in applying for the
post and participating in the selection process and after finding
that she is not selected for appointment, challenging the same
before this Court.
5. W.P.(C) No.40124/2023 has been filed by
respondents 5 to 7 in W.P.(C) No.39956/2023. Respondents
5 to 7 are the candidates who were selected and appointed as
Assistant Professors (Commerce). Respondents 5 to 7 also
challenge the order passed by the State Commissioner for
Persons with Disabilities and seek to direct respondents 2 and
3 to approve the appointment of respondents 5 to 7.
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6. W.P.(C) No.5446/2024 has been filed by the 8 th
respondent who is the complainant before the State
Commissioner for Persons with Disabilities. The 8 th
respondent argued that she is a person with locomotor
disability. The 8th respondent has a right to get appointment
as Assistant Professor (Commerce) against posts reserved for
persons with disability, in view of the Persons with Disabilities
Act, 1995. Under the Rights of Persons with Disabilities Act,
2016 also, the 8th respondent has a legal right.
7. The 8th respondent contended that the
Management of the Aided College ought to have made
reservations to persons with disabilities in all appointments
made since 07.02.1996 which was not done. The 8 th
respondent relied on the judgment of this Court in K.J.
Varghese v. State of Kerala (W.P.(C) No.19808/2021) and
argued that when there is a conflict between equity and law, it
is the law which should prevail. The persons who are
suffering from disabilities cannot be made to suffer even
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further due to the waggeries of men.
8. The 8th respondent further relied on the judgment of
the Apex Court in Justice Sunanda Bhandare Foundation
v. Union of India and another [(2014) 14 SCC 383] and
argued that the Disabilities Act has to be implemented in letter
and spirit by the authorities, if it is not implemented so far.
9. Employment is a key factor in the empowerment
inclusion of people with disabilities. The disabled people are
out of job not because their disability comes in the way of their
functioning. It is social and practical barriers that prevent
them from joining the workforce, contended the 8 th respondent
placing reliance on the judgment of the Apex Court in Union
of India and another v. National Federation of the Blind
and others [(2013) 10 SCC 772], urged the 8th respondent.
10. I have heard the learned counsel for the petitioners
in all the three writ petitions, the learned Standing Counsel
appearing for the Mahatma Gandhi University and the learned
Government Pleader representing the State of Kerala and the
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Director of Collegiate Education. The parties and exhibits in
these writ petitions are referred to as they are appearing in
W.P.(C) No.39956/2023, for convenience.
11. The petitioners sought for concurrence from the
State Government to fill up three vacancies of Assistant
Professors in Commerce, resorting to selection proceedings in
accordance with the UGC Regulations and University
Statutes. The Government issued Ext.P3 letter dated
09.10.2020 nominating the Government representative. In
Ext.P3, the Government directed that the Management shall
issue recruitment notification as directed in GO dated
26.01.2019.
12. Ext.P4 is the Notification published pursuant to
Ext.P3. It is to be noted that Ext.P4 Notification did not
provide for reservation to the persons with disability. The
petitioners filled up the post by selecting and appointing
respondents 5 to 7. Respondents 5 to 7 joined duty as
Assistant Professors in Commerce on 22.02.2021.
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13. The 8th respondent, who has 50% locomotor
disability and who has also participated in the selection
proceedings, filed Ext.P12 complaint before the State
Commissioner for Persons with Disabilities. The 8 th
respondent requested to ensure that persons with disability
are given due appointment in the matter of appointment of
Assistant Professors in Commerce.
14. The petitioners filed Ext.P13 objection dated
19.04.2023. The petitioners submitted before the State
Commissioner that the petitioners are following the mandate
prescribed by the State to protect the interest of physically
handicapped persons on appointments. The College had
made notification for the posts of Assistant Professors in
Physics and Chemistry on 02.02.2022 strictly based on the
disabilities reservation laws and relevant Government Orders.
The petitioners produced the Notifications in this regard
published in the University News Weekly. The petitioners
further submitted that presently there is a workload of 17
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hours remaining in the Commerce Department and the
College has decided that the new post should be reserved for
physically disabled candidates.
15. The 1st respondent-State Commissioner passed
Ext.P16 order holding that reservation under Section 34 of the
Rights of Persons with Disabilities Act, 2016 is squarely
applicable and therefore the 8th respondent is entitled to get
appointment as Assistant Professor in Commerce under the
disability quota. The State Commissioner consequently gave
the following directions:
(1) No appointment, including that of the said
Tony Thomas & 2 other, made by the Manager
of the 1st respondent College, shall be approved
by the 2nd respondent Mahatma Gandhi
University, without complying with the disability
reservation as per law in the establishment of
the 1st respondent college by giving
appointment to the petitioner Sheeja Thomas in
the Commerce Department as Asst. Professor.
(2) If an officer under the 2nd respondent
University acts against the recommendatory
order (1) supra, it will be treated as offence
u/s.89 of the RPwD Act, 2016 and Criminal
Prosecution Proceeding will be initiated.
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Ext.P16 order of the State Commissioner is under challenge in
W.P.(C) Nos.39956/2023 and 40124/2023.
16. As per Section 34 of the Rights of Persons with
Disabilities Act, 2016, the petitioners are bound to appoint not
less than 4% of the total number of vacancies in the cadre
strength in each group of posts meant to be filled with persons
with benchmark disabilities. Locomotor disability suffered by
the 8th respondent is listed in sub-clause (c) of Section 34(1).
17. The petitioners have notified the three vacancies of
Assistant Professors in Commerce in Community merit as
resolved by the governing body. From the pleadings in the
writ petitions, it is seen that the petitioners had made
notification for the posts of Assistant Professors in Physics
and Chemistry on 02.02.2022 strictly based on the disabilities
reservation laws and relevant Government Orders. As
regards the posts of Assistant Professors in Commerce, the
petitioners have stated that presently there is a workload of 17
hours remaining in the Commerce Department and that the
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College is preparing for a new post and it is decided that it
should be reserved for physically disabled candidates as per
law. The College had already made notification for the post of
Office Attendants during the month of March, 2023 with
reservation for persons with disability. Therefore, it is evident
that the College has been making provisions for appointing
persons with disabilities in the earmarked quota.
18. It is to be noted that the 8 th respondent had applied
for appointment as Assistant Professor in Commerce pursuant
to the Notification issued by the petitioners. The Notification
did not provide for reservation to persons with disability. The
8th respondent did not challenge the Notification before the
selection process. There is no challenge against the
Notification in W.P.(C) No.5446/2024 either. The 8 th
respondent participated in the selection proceedings and she
was unsuccessful. After participating in the selection
proceedings, knowing that the petitioners have not provided
reservation to persons with disability in the Notification, the 8 th
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respondent cannot turn around and challenge the selection
process when she became unsuccessful in the selection
proceedings.
19. The State Commissioner for Persons with
Disabilities has passed Ext.P16 ordering that no appointment
including that of respondents 5 to 7 made by the 1 st petitioner
shall be approved by the University without complying with the
disability reservation giving appointment to the 8 th respondent.
The Commissioner has further directed that if an officer of the
University acts against the afore recommendation, it will be
treated as an offence under Section 89 of the Rights of
Persons with Disabilities Act, 2016.
20. This Court has considered the powers of the State
Commissioner for Persons with Disabilities in the judgment in
Kerala Public Service Commission, Thiruvananthapuram
v. State Disability Commissioner, Thiruvananthapuram
[2023 (3) KLT 566]. This Court, adverting to Sections 80 to
83, found that the State Commissioner for Persons with
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Disabilities has power only to advise and make
recommendations to appropriate authorities. Ext.P16 order of
the State Commissioner for Persons with Disabilities exceeds
the powers of the Commissioner. Ext.P16 therefore cannot be
legally sustained.
W.P.(C) Nos.39956/2023 and 40124/2023 are
therefore allowed. Ext.P16 order in W.P.(C) No.39956/2023
(Ext.P14 order in W.P.(C) No.40124/2023) is set aside. W.P.
(C) No.5446/2024 is dismissed. There will be a consequential
direction to the respondents to regularise the services of the
petitioners in W.P.(C) No.40124/2023 and disburse the
arrears of pay and allowances.
Sd/-
N. NAGARESH, JUDGE
aks/18.02.2025
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APPENDIX OF WP(C) 39956/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED
30/5/2013 ISSUED BY THE NATIONAL
COMMISSION FOR MINORITY EDUCATIONAL
INSTITUTIONS.
Exhibit P2 TRUE COPY OF THE DIRECT PAYMENT
AGREEMENT DATED 7/10/1972 ENTERED INTO
BETWEEN THE EDUCATIONAL AGENCY AND THE
STATE GOVERNMENT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 9/10/2020
OF CONCURRENCE ISSUED BY THE STATE
GOVERNMENT.
Exhibit P4 TRUE COPY OF THE ADVERTISEMENT
PUBLISHED IN THE UNIVERSITY NEWS DATED
14/12/2020 BY THE 1ST PETITIONER.
Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED
29/1/2021 OF THE UNIVERSITY FURNISHING
THE PANEL OF TEACHERS FOR INCLUSION IN
THE SELECTION COMMITTEES FOR THE
DIFFERENT DEPARTMENTS NOTIFIED.
Exhibit P6 TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 22/2/2021 OF THE 1ST PETITIONER
ISSUED TO RESPONDENT NO. 5.
Exhibit P7 TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 22/2/2021 OF THE 1ST PETITIONER
ISSUED TO RESPONDENT NO. 6.
Exhibit P8 TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 22/2/2021 OF THE 1ST PETITIONER
ISSUED TO RESPONDENT NO. 7.
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Exhibit P9 TRUE COPY OF THE G. O.( MS). NO.
96/2021/HEDN DATED 15/2/2021 ISSUED BY
THE 4 TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE G.O.( MS). NO.
242/2022/HEDN DATED 18/5/2022 ISSUED
BY THE 4 TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE G.O.( MS). NO.
279/2022/HEDN DATED 5/6/2022 ISSUED BY
THE 4 TH RESPONDENT.
Exhibit P12 TRUE COPY OF THE COMPLAINT OF THE 8 TH
RESPONDENT RECEIVED BY THE 1 ST
PETITIONER FROM THE OFFICE OF THE 1 ST
RESPONDENT ON 19/02/2021.
Exhibit P13 TRUE COPY OF THE WRITTEN OBJECTIONS
DATED 19/4/2023 FILED BY THE 1 ST
PETITIONER BEFORE THE 1 ST RESPONDENT.
Exhibit P14 TRUE COPY OF THE
COMMUNICATION/CERTIFICATE DATED
5/11/2022 OF THE 2 ND RESPONDENT
ISSUED TO THE PETITIONERS COLLEGE.
Exhibit P15 TRUE COPY OF THE ORDER DATED 28/2/2022
OF THE 1 ST RESPONDENT IN OP (RPWD )
NO. 2593/2021 FILED BY ONE DR. JOSHIN
JOSEPH.
Exhibit P16 TRUE COPY OF THE ORDER DATED 31/7/2023
OF THE 1 ST RESPONDENT IN EXHIBIT P12
COMPLAINT SUBMITTED BY THE 8 TH
RESPONDENT.
RESPONDENT'S EXHIBITS
Exhibit R8(a) True copy of GO(P) No 18/2018/SJD
dated 18-11-2018 issued by Social
Justice Dept
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APPENDIX OF WP(C) 40124/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE 5TH RESPONDENT DATED 14-12-2020
IN UNIVERSITY NEWS.
Exhibit P2 TRUE COPY OF THE DEGREE OF MASTER'S OF
COMMERCE CERTIFICATE ISSUED BY THE
M.G. UNIVERSITY TO THE 1ST PETITIONER
DATED 16-11-2017
Exhibit P3 TRUE COPY OF THE DEGREE OF MASTER'S OF
PHILOSOPHY ISSUED BY THE M.G.
UNIVERSITY DATED 15-7-2020 IN FAVOUR
OF 1ST PETITIONER. .
Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE UNIVERSITY GRANTS COMMISSION TO
THE 1ST PETITIONER
Exhibit P5 TRUE COPY OF THE DEGREE OF MASTER'S OF
COMMERCE CERTIFICATE ISSUED BY THE MG
UNIVERSITY DATED 22-8-2017 IN FAVOUR
OF 2ND PETITIONER
Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE UNIVERSITY GRANTS COMMISSION TO
THE 2ND PETITIONER.
Exhibit P7 TRUE COPY OF THE DEGREE OF MASTER'S OF
COMMERCE CERTIFICATE ISSUED BY THE MG
UNIVERSITY DATED 1-11-2008 TO THE 3RD
PETITIONER
Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE UNIVERSITY GRANTS COMMISSION TO
THE 3RD PETITIONER
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Exhibit P9 TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE 5TH RESPONDENT TO THE
1ST PETITIONER DATED 22-2-2021 .
Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE 5TH RESPONDENT TO THE
2ND PETITIONER DATED 22-2-2021
Exhibit P11 TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE 5TH RESPONDENT TO THE
3RD PETITIONER DATED 22-2-2021
Exhibit P12 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE 7TH RESPONDENT DATED 19-02-2021
Exhibit P13 TRUE COPY OF THE OBJECTION FILED BY
THE 5TH RESPONDENT BEFORE THE 4TH
RESPONDENT DATED 19-03-2023
Exhibit P14 TRUE COPY OF THE ORDER PASSED BY THE
4TH RESPONDENT DATED 31-7-2023
Exhibit P15 TRUE COPY OF THE GOVERNMENT ORDER VIDE
NO. G.O (MS) NO.242/2022/HEDN DATED
18-05-2022
Exhibit P16 TRUE COPY OF THE NOTIFICATION ISSUED
BY THE 5TH RESPONDENT COLLEGE DATED
31-1-2022
Exhibit P17 TRUE COPY OF THE COMMUNICATION ISSUED
BY THE GOVERNMENT TO THE DIRECTOR OF
COLLEGIATE EDUCATION DATED 25-5-2022
Exhibit P18 TRUE COPY OF THE GOVERNMENT ORDER VIDE
NO. G.O (MS) NO. 279/2022/H.EDN DATED
5-6-2022
Exhibit P19 TRUE COPY OF THE ORDER PASSED BY THE
4TH RESPONDENT IN OP (RPWD)
NO.2593/S2/2021 DATED 28-02-2022.
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RESPONDENT'S EXHIBITS
Exhibit R7(a) True copy of order dated 18-11-2018
issued by Social Justice Dept
Exhibit R7(b) True copy of Order No.
GO(Ms)No.96/2021/HEDN dated 15-02-2021
PETITIONER'S EXHIBITS
Exhibit P20 TRUE COPY OF THE APPROVAL ORDER
NO.10414/AC B 1/2024/MGU DATED 18-11-
2024 OF THE 1ST PETITIONER
Exhibit P21 TRUE COPY OF THE APPROVAL ORDER
NO.10416/AC B 1/2024/MGU DATED 18-11-
2024 OF THE 2" PETITIONER
Exhibit P22 TRUE COPY OF THE APPROVAL ORDER
NO.10415/AC B 1/2024/MGU DATED 18-11-
2024 OF THE 3™ PETITIONER
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APPENDIX OF WP(C) 5446/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE STANDING DISABILITY
ASSESSMENT BOARD CERTIFICATE DATED
12.2.2020
Exhibit P2 TRUE COPY OF CERTIFICATE OF MCOM.
ISSUED BY MAHATMA GANDHI UNIVERSITY
DATED 23-04-2007
Exhibit P3 TRUE COPY OF CERTIFICATE OF BED.
ISSUED BY MAHATMA GANDHI UNIVERSITY
DATED 18-02-2008 TO THE PETITIONER
Exhibit P4 TRUE COPY OF CERTIFICATE OF M ED.
ISSUED BY MAHATMA GANDHI UNIVERSITY
DATED 11-09-2012 TO THE PETITIONER
Exhibit P5 TRUE COPY OF CERTIFICATE OF NET ISSUED
BY NATIONAL TESTING AGENCY DATED 10-
12-2020 TO THE PETITIONER
Exhibit P6 TRUE COPY OF CERTIFICATE OF SET ISSUED
BY DIRECTORATE OF HIGHER SECONDARY
EDUCATION DATED 30-11-2017
Exhibit P7 TRUE COPY OF ORDER DATED 18-11-2018
ISSUED BY SOCIAL JUSTICE DEPT
Exhibit P8 TRUE COPY OF INTERVIEW LETTER DATED
08-02-2021 ISSUED BY THE PRINCIPAL,
ST.ALOYSIUS COLLEGE, EDATHUA ALAPPUZHA
Exhibit P9 TRUE COPY OF APPOINTMENT ORDER ISSUED
BY THE 4TH RESPONDENT TO THE 5TH
RESPONDENT
Exhibit P10 TRUE COPY OF APPOINTMENT ORDER ISSUED
BY THE 3RD RESPONDENT TO THE 6TH
RESPONDENT
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Exhibit P11 TRUE COPY OF APPOINTMENT ORDER ISSUED
BY THE 4TH RESPONDENT TO THE 7TH
RESPONDENT
Exhibit P12 TRUE COPY OF ORDER NO.
GO(MS)NO.96/2021/HEDN DATED 15-02-2021
Exhibit P13 TRUE COPY OF COMPLAINT FILED BY THE
PETITIONER BEFORE THE STATE COMMISSION
DATED 19-02-2021
Exhibit 14 TRUE COPY OF THE ORDER GO(MS)
NO.242/2022/HEDN DATED 18-05-2022
ISSUED BY THE 1ST RESPONDENT
Exhibit P15 TRUE COPY OF ORDER DATED 31-07-2023 IN
OP NO.815/S2/2021 ISSUED BY THE STATE
COMMISSIONER
Exhibit P16 TRUE COPY OF ORDER DATED 16-11-2023
BEARING NO. D4/41738/2023/DCE
RESPONDENT'S EXHIBITS
Exhibit R4-F True copy of the certificate dated
5/11/2022 issued by the University
computing the backlog of vacancies in
the College.
Exhibit R4-A True copy of the Direct Payment
Agreement dated 7/10/1972 executed
between the Educational Agency and the
State Government
Exhibit R4-B True copy of the order of concurrence
dated 9/10/2020 issued by the State
Government to the 4th respondent.
Exhibit R4-C True copy of the advertisement
published by the 4th respondent in the
University News dated 14/12/2020.
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Exhibit R4-D True copy of G.O.( Ms). No.
279/2022/HEDN dated 5/6/2022 issued by
the State Government.
Exhibit R4-E True copy of written objections dated
19/4/2023 filed by R4 before the State
Commissioner for Persons with
Disabilities.
Exhibit R4-G True copy of the order dated 28/2/2022
of the State Commissioner in OP (RPWD)
No. 2593/2021 filed by one Dr. Joshin
Joseph.
Exhibit R5(a) True copy of the Notification issued
by the 4th respondent dated 14-12-2020
in University news.
Exhibit R5(c) True copy of the Degree of Master's of
Philosophy issued by the M.G.
University dated 15-7-2020
Exhibit R5(e) True copy of the Degree of Master's of
Commerce Certificate issued by the MG
University dated 22-8-2017
Exhibit R5(h) True copy of the Certificate issued by
the University Grants Commission to
the 7th respondent for clearing the
National Eligibility Test dated 10-1-
Exhibit R5(g) True copy of the Degree of Master's of
Commerce Certificate issued by the MG
University dated 1-11-2008
Exhibit R5(f) True copy of the Certificate issued by
the University Grants Commission to
the 6th respondent for clearing the
National Eligibility Test dated
9.2.2017.
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Exhibit R5(d) Copy of the Certificate issued by the
University Grants Commission to the
5th respondent for clearing the
National Eligibility Test dated 31-10-
Exhibit R5(b) Copy of the Degree of Master's of
Commerce Certificate issued by the
M.G. University to the 5th respondent
dated 16-11-2017
