Corporate Manager (Fr. Joy Adambukulam) v. State of Kerala & Others

``` 2025:KER:30432 ``` **==> picture [58 x 58] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` MONDAY, THE 7[TH] DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 ``` ``` WP(C) NO. 14371 OF 2025 ``` ## **`PETITIONER:`** ``` THE CORPORATE MANAGER (FR.JOY ADAMBUKULAM), CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR AGED 55 YEARS S/O A.L.ROCKY ADAMBUKULAM, (RESIDING AT SACRED HEART CHURCH, CHEMBUKAVU, THRISSUR DISTRICT), PIN - 680005 ``` ``` BY ADVS. V.A.MUHAMMED M.SAJJAD ``` ## **`RESPONDENTS:`** ``` 1THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II, THIRUVANANTHAPURAM, PIN - 695001 ``` ``` 2THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY) NEW BUILDING, ULLOOR LANE, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 ``` ``` 2025:KER:30432 ``` **==> picture [58 x 58] intentionally omitted <==** ``` WP(C) NO.14371 of 2025 ``` ``` 2 ``` - **`3 THE DIRECTOR OF GENERAL EDUCATION JAGATHY,THIRUVANANTHAPURAM, PIN - 695014`** - **`4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM, PIN - 682030`** - **`5 THE DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003`** - **`6 THE DISTRICT EDUCATIONAL OFFICER CHEMBUKKAV, THRISSUR DISTRICT, PIN - 680020`** - **`7 THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506`** - **`8 THE DISTRICT EDUCATIONAL OFFICER IRIJALAKKUDA, THRISSUR DISTRICT, PIN - 680121`** - **`9 THE ASSISTANT EDUCATIONAL OFFICER IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121`** - **`10 THE ASSISTANT EDUCATIONAL OFFICER KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680561`** - **`11 THE ASSISTANT EDUCATIONAL OFFICER KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503`** - **`12 THE ASSISTANT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506`** ``` 2025:KER:30432 ``` ``` WP(C) NO.14371 of 2025 ``` **==> picture [58 x 58] intentionally omitted <==** ``` 3 ``` - **`13 THE ASSISTANT EDUCATIONAL OFFICER VADAKKARA, THRISSUR DISTRICT, PIN - 673101`** - **`14 THE ASSISTANT EDUCATIONAL OFFICER THRISSUR WEST, THRISSUR DISTRICT, PIN - 680001`** - **`15 THE ASSISTANT EDUCATIONAL OFFICER THRISSUR EAST, THRISSUR DISTRICT, PIN - 680005`** - **`16 THE ASSISTANT EDUCATIONAL OFFICER MULLASSERY, THRISSUR DISTRICT, PIN - 680509`** - **`17 THE ASSISTANT EDUCATIONAL OFFICER VALAPPAD, THRISSUR DISTRICT, PIN - 680567`** ## **`SRI.P. SANTHOSH KUMAR,SPL.GOVERNMENT PLEADER`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2025:KER:30432 ``` **==> picture [58 x 58] intentionally omitted <==** ``` WP(C) NO.14371 of 2025 4 ``` ## **JUDGMENT** Dated this the 7[th] day of April, 2025 The petitioner is the Corporate Manager of the Corporate Educational Agency, Arch Diocese of Thrissur. 2. The Rights of Persons with Disability Act, 2016 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 posts and vacancies for PwD candidates. 3. It is evident from Exts.P3 to P9 that the petitioner has complied with the requirements covered by Exts.P1 and P2. Employment Exchange concerned is busy with the processing of candidates for the posts contained in Exs.P3 to P9. Other appointments effected by the petitioner against **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:30432 ``` ``` WP(C) NO.14371 of 2025 5 ``` regular posts under the Management are not processed by the Educational Officer concerned for want of appointment of qualified differently abled hands. 4. In similar circumstances, the NSS Management moved the Apex Court and got Ext.P10 order dated 04.03.2025. Consequently, the Government issued Ext.P11 order dated 17.03.2025. But it would appear that Ext.P11 is applicable only in respect of the Schools under the NSS Management. The benefits flowing from Exts.P10 and P11 ought to have been made applicable in respect of the appointments under the Managements that are similarly situated. 5. In the light of the judgments in **Central Finance and Investments and another v. Secretary, Kothamangalam Municipality and others** [2021 (6) KHC 59] and **Somukuttan Nair v. State of Kerala** [1997 KHC 114], the benefits flowing from Exts.P10 and P11 cannot be denied **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:30432 ``` ``` WP(C) NO.14371 of 2025 6 ``` to the petitioner. In the circumstances, the petitioner filed Ext.P15 representation before the 1[st] respondent, which is pending consideration, contends the petitioner. 6. I have heard the learned counsel for the petitioner and the learned Special Government Pleader representing the respondents. 7. I find that in similar circumstances, the NSS Management approached the Hon’ble Apex Court and the Apex Court has passed order dated 04.03.2025. The Government is taking a stand that the order will apply only to the parties to the SLP before the Hon’ble Apex Court. The petitioner would contend that as far as the claims of persons like the petitioner who did not approach the Court for redressal of their grievances are concerned there is absolutely no justification for the Government to deny consequential benefits to similarly situated persons. **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:30432 ``` ``` WP(C) NO.14371 of 2025 7 ``` 8. Be that as it may, at this stage, I do not deem it necessary to adjudicate the issue, as the petitioner has submitted Ext.P15 representation before the Government. It would be sufficient if the Government considers Ext.P15 representation in the light of the directions contained in Exts.P10 and P11. The writ petition is therefore disposed of directing the 1[st] respondent to consider and pass orders on Ext.P15 representation submitted by the petitioner within a period of four months, in the light of Exts.P10 and P11. ## **N.NAGARESH** **JUDGE** hmh ``` 2025:KER:30432 ``` **==> picture [58 x 58] intentionally omitted <==** ``` WP(C) NO.14371 of 2025 ``` ``` 8 ``` ## **`APPENDIX OF WP(C) 14371/2025`** ## **`PETITIONER’S EXHIBITS`** ``` Exhibit P-1TRUECOPYOFTHE G.O.(P).NO.12/2019/SJDDATED 31.10.2019 Exhibit P-2TRUECOPYOFTHEG.O. (MS.).NO.111/2022/GEDNDATED 25.06.2022 ``` - **`Exhibit P-3 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HST (HINDI)`** - **`Exhibit P-4 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF DRAWING TEACHER DATED 16.08.2024`** - **`Exhibit P-4(a) TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF NEEDLE WORK TEACHER DATED 16.08.2024`** - **`Exhibit P-5 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HST (PHYSICAL SCIENCE) DATED 16.08.2024`** - **`Exhibit P-6 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HSST (ENGLISH) DATED 15.04.2023`** - **`Exhibit P-7 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HSST (POLITICAL SCIENCE) DATED 15.04.2023`** - **`Exhibit P-8 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HSST JR. (MATHEMATICS) DATED 15.04.2023`** ``` 2025:KER:30432 ``` **==> picture [58 x 58] intentionally omitted <==** ``` WP(C) NO.14371 of 2025 ``` ``` 9 ``` ``` Exhibit P-9 ``` ``` TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HSST JR. CHEMISTRY DATED 15.04.2023 ``` - **`Exhibit P-9(a)`** - **`TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF FULL TIME MENIAL`** - **`Exhibit P-9(b) TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF JUNIOR ARABIC (FULL TIME)`** - **`Exhibit P-9(c) TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF JUNIOR SANSKRIT (PT)`** - **`Exhibit P-9(d) TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF LPST`** - **`Exhibit P-9(e) TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF UPST`** - **`Exhibit P-9(f) TRUE COPY OF THE NON-AVAILIBILITY CERTIFICATE (AUTISM, INTELLECTUAL DISABILITY, SPECIFIC LEARNING DISABILITY, MENTAL ILLNESS & MULTIPLE DISABILITIES) VIDE NO.SEEDA-EKM /241/2024-CI DATED 24.02.2025`** - **`Exhibit P-9(g) TRUE COPY OF THE NON-AVAILIBILITY CERTIFICATE (BLINDNESS & LOW VISION) VIDE NO.SEEDA-EKM/241/2024-CI DATED 24.02.2025`** - **`Exhibit P-9(h) TRUE COPY OF THE NON-AVAILIBILITY CERTIFICATE (DEAF & HARD OF HEARING) VIDE NO.SEEDA-EKM/241/2024-CI DATED 24.02.2025`** - **`Exhibit P-9(i)`** - **`TRUE COPY OF THE NON-AVAILIBILITY CERTIFICATE (BLINDNESS & LOW VISION)`** ``` 2025:KER:30432 ``` **==> picture [58 x 58] intentionally omitted <==** ``` WP(C) NO.14371 of 2025 ``` ``` 10 ``` ``` VIDE NO.SEEDA-EKM/241/2024-CI DATED 24.02.2025 ``` ``` Exhibit P-9(j) ``` ``` TRUE COPY OF THE NON-AVAILIBILITY CERTIFICATE (DEAF & HARD OF HEARING) VIDE NO.SEEDA-EKM/241/2024-CI DATED 24.02.2025 ``` ``` Exhibit P-10TRUE COPY OF THE ORDER IN CIVIL APPEAL NO.SLP NO.11373/2024 DATED 04.03.2025 ``` - **`Exhibit P-11`** - **`TRUE COPY OF THE G.O.(MS.) NO.43/2025/GEDN DATED 17.03.2025`** ``` Exhibit P-12 ``` - **`TRUE COPY OF THE DECISION REPORTED IN 2021 (6) KHC 59 (CENTRAL FINANCE & INVESTMENTS ANDANOTHER V. SECRETARY, KOTHAMANGNALAM MUNICIPALITY AND OTHERS)DATED 01.10.2021`** - **`Exhibit P-13 TRUE COPY OF THE DECISION REPORTED IN 1997 KHC 114(SOMUKUTTAN NAIR V. STATE OF KERALA)DATED 18.02.1997`** - **`Exhibit P-14`** - **`TRUE COPY OF THE G.O. (MS.)NO.101/2023/GEDN DATED 18.07.2023`** - **`Exhibit P-15`** ``` TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 22.03.2025 ```