Ajo Anto v. State of Kerala & Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` # **`MONDAY, THE 13[TH] DAY OF FEBRUARY 2023 / 24TH MAGHA, 1944 WP(C) NO. 4686 OF 2023`** ## **`PETITIONER:`** ``` AJO ANTO AGED 29 YEARS S/O.U.A.ANTO, UPPUMPARAMBIL HOUSE, BYPASS ROAD, KALLETTUMKARA.P.O, THRISSUR DISTRICT ., PIN - 680683 BY ADV K.SANDESH RAJA ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001` - `2 THE DIRECTOR OF GENERAL EDUCATION GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014` - `3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, S.R.V.G.H.S.S BUILDING, KASTHURIRANGAN HALL, M.G.ROAD, ERNAKULAM, PIN - 682001` - `4 CORPORATE EDUCATIONAL AGENCY DIOCESE OF IRINJALAKKUDA, PASTORAL CENTRE, IRINNJALAKKUDA , REPRESENTED BY ITS MANAGER, PIN - 680121` - `5 THE PRINCIPAL HOLY CROSS HIGHER SECONDARY SCHOOL, MAPRANAM, MADAYIKONAM.P.O THRISSUR, PIN - 680712` - `6 ARUN JOSE K. LAB ASSISTANT, HOLY CROSS HIGHER SECONDARY SCHOOL, MAPRANAM, MADAYIKONAM.P.O THRISSUR, PIN - 680712` - `7 RIJI N.J. LAB ASSISTANT, HOLY CROSS HIGHER SECONDARY SCHOOL, MAPRANAM, MADAYIKONAM.P.O THRISSUR, PIN - 680712` WP(C).No.4686/2023 **2** ``` SMT.NISHA BOSE, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C).No.4686/2023 **3** ## **P.V.KUNHIKRISHNAN, J. --------------------------------** **W.P.(C).No.4686 of 2023** **---------------------------------------------Dated this the 13[th] day of February, 2023** ## **JUDGMENT** This writ petition is filed with following prayers: - i. Issue a writ of certiorari or any other appropriate writ order or direction setting aside Ext.P13 and P14. - ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4[th] respondent to appoint the petitioner to the post of Lab Assistant in Holy Cross Higher Secondary School, Mapranam w.e.f. 28/3/2022 and directing the 3[rd] respondent to approve the appointment of the petitioner as Lab Assistant from 28/3/2022 and to pay all consequential monetary benefits including the salary, increment etc. - iii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to grant interest @ 12% p.a. for the salary and increment in the post of Lab Assistant from 28/3/2022. - iv. Issue such other writ order or direction as this Hon'ble Court may deem fit and proper in the WP(C).No.4686/2023 **4** facts and circumstances of the case. v. Petitioner may be permitted to disperse with the filing of translation of the vernacular documents. **==> picture [36 x 12] intentionally omitted <==** 2. Petitioner is a person coming under the definition of "the person with Benchmark disability” under Section 2 (r) of the Rights of Persons with Disabilities Act, 2016 (for short, Act 2016). He is aggrieved by the denial of appointment to the post of Lab Assistant and the appointment of respondents 6 and 7 as Lab Assistants in violation of the dictum laid down by this Court in W.P.(C) No.19808/2021 and **Renjith v. State of Kerala** [2020 (5) KLT 324]. The petitioner who claims that he is having 41% low vision and is a person with bench mark disability as per Act 2016, applied for the post of Lab Assistant under the 4[th] respondent pursuant to the notification issued by the 4[th] respondent. He was included in Ext.P7 rank list and before that, he participated in the interview also. The denial of the appointment to the petitioner who is fully qualified for appointment to the post of Lab Assistant and the appointment of respondents 6 and 7 is illegal, arbitrary and discriminatory is the contention raised by the petitioner. The WP(C).No.4686/2023 **5** petitioner submitted Exts.P9 and P11 representations before the 3[rd] respondent. The grievance of the petitioner is that the same is not considered. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. No notice is necessary to respondents 4 to 7 at this stage because this Court is only directing to consider the representations submitted by the petitioner with notice to respondents 4 to 7 and also to consider the representation in the light of the dictum laid down by this Court in W.P.(C) No.19808/2021 and **Renjith v. State of Kerala** [2020 (5) KLT 324]. If respondents 4 to 7 are aggrieved by any of the directions issued by this Court, they are free to file a review petition. 4. The grievance of the petitioner is that the appointment of respondents 6 and 7 are in violation of the dictum laid down by this Court in W.P.(C) No.19808/2021 and **Renjith v. State of Kerala** [2020 (5) KLT 324]. It is also the case of the petitioner that there is violation of the provisions of Act 2016. According to the petitioner, he is eligible to be appointed as Lab Assistant in preference to respondents 6 and 7. I think this matter is to be considered first by the 3[rd] WP(C).No.4686/2023 **6** respondent with notice to respondents 4 to 7. Therefore, this writ petition is disposed of in the following manner: 1. The 3[rd] respondent is directed to consider and pass appropriate orders in Exts.P9 and P11, with notice to the petitioner and respondents 4 to 7, before considering the proposal for approval of appointment of respondents 6 and 7. The above exercise shall be completed by the 3[rd] respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. 2. The petitioner will produce certified copy of this judgment along with a copy of the writ petition before the 3[rd] respondent for compliance. JV sd/- **P.V.KUNHIKRISHNAN JUDGE** WP(C).No.4686/2023 **7** ## **`APPENDIX OF WP(C) 4686/2023`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE GO(P)NO.19/2021/GEDN DATED 8-11-2021 ISSUED BY THE 1ST RESPONDENT ``` - `Exhibit P2 TRUE COPY OF THE GO(P)NO.111/2022/GEDN DATED 25-6-2022 ISSUED BY THE 1ST RESPONDENT` - `Exhibit P3 TRUE COPY OF THE DISABILITY CERTIFICATE NO.317 DATED 26-3-2015 ISSUED BY THE DISTRICT DISABILITY BOARD, GENERAL HOSPITAL, THRISSUR TO THE PETITIONER` - `Exhibit P4 TRUE COPY OF THE HIGHER SECONDARY CERTIFICATE NO.HSC 1299797 DATED 15/5/2012 ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA` - `Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED 126-2015 ISSUED BY THE STATE BOARD OF TECHNICAL EDUCATION, KERALA TO THE PETITIONER` - `Exhibit P6 TRUE COPY OF THE CHALLAN ISSUED BY THE 4TH RESPONDENT TOWARDS THE APPLICATION FORM DATED 5-7-2021` - `Exhibit P7 TRUE COPY OF THE LAB ASSISTANT WRITTEN EXAMINATION RESULT 2021 DATED 31-72021 ISSUED BY THE MANAGER OF THE 4TH RESPONDENT AND RECEIVED BY THE PETITIONER IN THE WHATSAPP GROUP MANAGED BY THE 4TH RESPONDENT` - `Exhibit P8 TRUE COPY OF THE SCREENSHOT TAKEN FROM THE WHATSAPP GROUP FORMED BY THE 4TH RESPONDENT` - `Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 13-10-2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT` - `Exhibit P10 TRUE COPY OF THE LETTER NO.A6/8190/RDD/HSE/EKM/2021 DATED 6-42022 OF THE 3RD RESPONDENT TO THE PETITIONER` WP(C).No.4686/2023 **8** ``` Exhibit P11TRUE COPY OF THE REPRESENTATION DATED 5-05-2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P12TRUE COPY OF THE REPRESENTATION DATED 29-3-2022 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT ``` ``` Exhibit P13TRUE COPY OF THE APPOINTMENT ORDER NO.ED.A 14/22/HSE DATED 28-3-2022 ISSUED TO THE 6TH RESPONDENT Exhibit P14TRUE COPY OF THE APPOINTMENT ORDER NO.ED.A 10/22/HSE DATED 28-3-2022 ISSUED TO THE 7TH RESPONDENT ```