High Court of KeralaSingle JudgeWrit petition disposed of with a direction to c...

The Corporate Manager (Fr. Sijo Elamkunnappuzha), Corporate Educational Agency, Diocese of Mananthavady v. State of Kerala and others

Case / Petition Number:WP(C) No.12869 of 2025

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2025-03-28
Court Decision / Holding
Writ petition disposed of directing the 1st respondent to consider Ext. P15 representation submitted by the petitioner in light of Exts. P3–P14 and take appropriate decision thereon within four months.
Final Disposition
Writ petition disposed of with a direction to consider the petitioner’s Ext. P15 representation within four months in light of the supporting exhibits.

Parties to the Case

Appellants / Petitioners

  • The Corporate Manager (Fr. Sijo Elamkunnappuzha), Corporate Educational Agency, Diocese of Mananthavady

Respondents

  • :1 The State of Kerala represented by its Principal Secretary to Government, General Education Department; 2 The Director of General Education (Higher Secondary); 3 The Director of General Education, Jagathy; 4 The Regional Deputy Director of Higher Secondary Education, Kozhikode; 5 The Regional Deputy Director of Higher Secondary Education, Kannur; 6 The Regional Deputy Director of Higher Secondary Education, Malappuram; 7 The Deputy Director of Education Kalpetta; 8 The Deputy Director of Education Down Hill, Malappuram; 9 The Deputy Director of Education Puzhathi Housing Colony, Kannur; 10 The District Educational Officer Kalpetta; 11 The District Educational Officer Wandoor; 12 The District Educational Officer Thalassery; 13 The Assistant Educational Officer Mananthavady; 14 The Assistant Educational Officer Sulthan Bathery; 15 The Assistant Educational Officer Vythiri; 16 The Assistant Educational Officer Nilambur; 17 The Assistant Educational Officer Office of the Assistant Educational Office Iritty

Legal Representation & Advocates

Counsels for Petitioners

  • • V.A. Muhammed M. Sajjad

Counsels for Respondents

  • • SMT. Anima M, Government Pleader

Case Synopsis & Summary

This writ petition challenges the non-regularization/approval of appointments under the 4% reservation for Persons with Disabilities (PwD) in aided schools administered by the Corporate Educational Agency, Diocese of Mananthavady, under the Kerala Education Act and Rules. The petitioner asserts that the 4% PwD reservation applies to all appointments and that Exts. P3–P9 demonstrate compliance by earmarking posts across categories—5 LPST, 11 UPST, one JLT (Sanskrit), 2 HST (Hindi), and HSST posts. However, approvals for other regular posts under the Management have stalled due to lack of induction for physically disabled candidates. The government issued Exts. P10 (order dated 04.03.2025) and P11 (order dated 17.03.2025) affecting NSS Management, but the petitioner contends that Exts. P10–P11 should apply to similarly situated management appointments, not only NSS-managed schools. Citing Central Finance and Investments v. Secretary, Kothamangalam Municipality (2021) and Somukuttan Nair v. State of Kerala (1997), the petitioner argues that where higher court decisions declare benefits or directions, the government cannot withhold them. The court heard both sides; recognising Ext. P13 on binding principles and considering Ext. P15 representation, the petition is disposed of by directing the State to re‑examine the matter and decide within four months, in light of the exhibits supporting the case.

Provisions of Law Cited

Rights of Persons with Disabilities Act, 2016 (4% PwD reservation)Kerala Educational Act and Rules

Legal Doctrines & Maxims

  • Binding nature of judgments for administrative and quasi-judicial authorities
  • Need for extending benefits consistent with higher court directions

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that 4% PwD reservation in appointments is mandatory and applicable to aided schools, and Exts. P3–P9 show compliance with earmarked posts across categories. It contends that while Exts. P10 and P11 (government orders) were issued for NSS management, Ext P11 is not applicable to other managements, and benefits should be extended to similarly situated posts under the Management. Citing binding judgments (Central Finance and Investments; Somukuttan Nair), the petitioner argues government cannot withhold benefits declared by higher courts. It seeks extension of the relief to all management posts and requests implementation via Ext P15 representation, with a four-month period for the authorities to decide.

Contentions of Respondents

The respondents acknowledge the PwD reservation and note that approvals for some posts were not granted due to concerns about proper accommodation of PwD as per reservation entitlements. They contend Exts. P10–P11 were initially intended for NSS management, not universally applicable, and caution against broad extension without due process. They state Ext P13 (binding principles) must guide reexamination. They refer to the need for prudence and uniform application, and ultimately ask the court to allow a relook by the authorities in light of the new directives and the representation (Ext P15).

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Central Finance and Investments and another v. Secretary, Kothamangalam Municipality and others2021 (6) KHC 56PositiveHeld that judgments are binding on administrative and quasi-judicial authorities, justifying consideration of uniformly applicable benefits.
Somukuttan Nair v. State of Kerala1997 KHC 114PositiveHeld that where higher court decisions uphold claims, government should not deny the consequential benefits.
Central Finance and Investments and another v. Secretary, Kothamangalam Municipality and others2021 (6) KHC 59PositiveAnother 2021 KHC citation referenced in exhibits reinforcing binding/beneficial approach.

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Extracted Judgment Text

Exact text extracted from official judgment records.

2025:KER:27414 **==> picture [58 x 57] intentionally omitted <==** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947** **WP(C) NO. 12869 OF 2025** ## **PETITIONER:** **THE CORPORATE MANAGER** **(FR. SIJO ELAMKUNNAPUZHA), CORPORATE EDUCATIONAL AGENCY, DIOCESE OF MANANTHAVADY AGED 40 YEARS, S/O JOHNY, PASTORAL CENTRE, DWARAKA, NALLOORNAD P.O, WAYANAD DISTRICT, PIN – 670645.** **BY ADVS. V.A.MUHAMMED M.SAJJAD** ## **RESPONDENTS:** - **1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II, THIRUVANANTHAPURAM, PIN – 695001.** - **2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY) NEW BUILDING, ULLOOR LANE, JAGATHY,THIRUVANANTHAPURAM, PIN – 695014.** ## **W.P.(C)No.12869 of 2025** **:2:** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:27414 - **3 THE DIRECTOR OF GENERAL EDUCATION JAGATHY,THIRUVANANTHAPURAM, PIN – 695014.** - **4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KUTTICHIRA KOZHIKODE DISTRICT, PIN – 673001.** - **5 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, THAVAKKARA, KANNUR DISTRICT, PIN – 670002.** - **6 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CIVIL STATION RD, UP HILL, MALAPPURAM DISTRICT, PIN – 676505.** - **7 THE DEPUTY DIRECTOR OF EDUCATION KALPETTA, WAYANAD DISTRICT, PIN – 673122.** - **8 THE DEPUTY DIRECTOR OF EDUCATION DOWN HILL, MALAPPURAM DISTRICT, PIN – 676505.** - **9 THE DEPUTY DIRECTOR OF EDUCATION PUZHATHI HOUSING COLONY KANNUR DISTRICT, PIN – 670002.** - **10 THE DISTRICT EDUCATIONAL OFFICER KALPETTA, WAYANAD DISTRICT, PIN – 673121.** - **11 THE DISTRICT EDUCATIONAL OFFICER WANDOOR, MALAPPURAM DISTRICT, PIN – 679328.** - **12 THE DISTRICT EDUCATIONAL OFFICER THALASSERY, KANNUR DISTRICT, PIN – 670101.** - **13 THE ASSISTANT EDUCATIONAL OFFICER MANANTHAVADY, WAYANAD DISTRICT, PIN – 670645.** ## **W.P.(C)No.12869 of 2025** ## **:3:** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:27414 - **14 THE ASSISTANT EDUCATIONAL OFFICER SULTHAN BATHERY, WAYANAD DISTRICT, PIN – 673592.** - **15 THE ASSISTANT EDUCATIONAL OFFICER VYTHIRI, WAYANAD DISTRICT, PIN – 673576.** - **16 THE ASSISTANT EDUCATIONAL OFFICER NILAMBUR, MALAPPURAM DISTRICT, PIN – 679329.** - **17 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICE IRITTY, KANNUR DISTRICT, PIN – 670703.** **BY ADV.SMT.ANIMA M, GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C)No.12869 of 2025** **==> picture [16 x 9] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:27414 ## **J U D G M E N T** Dated this the 28[th] day of March, 2025 The petitioner is the Corporate Manager of the Corporate Educational Agency, Diocese of Mananthavady, having many Aided Schools in terms of the Kerala Educational Act and Rules, in Wayanad, Kozhikode, Malappuram and Kannur Districts. 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 the post of Menial, 5 LPST, 11 UPST, One Junior Language Teacher (Sanskrit), 2 HST (Hindi) posts and one post each in the category of HSST (Junior) and HSST. ## **W.P.(C)No.12869 of 2025** **==> picture [16 x 9] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:27414 3. It is evident from Exts.P3 to P9 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 contained in Exts.P3 to P9. 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 induction of qualified differently abled hands for the posts covered by Exts.P3 to P9. In the meanwhile, about 175 number of appointments effected by the petitioner under the management are 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.P11 is applicable only in respect of the Schools under the NSS Management. In fairness, the benefits flowing from Exts.P10 ## **W.P.(C)No.12869 of 2025** **==> picture [16 x 9] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:27414 and P11 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 petitioners 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.P10 and P11 cannot be denied to the petitioner. In such circumstances, the petitioner moved the ## **W.P.(C)No.12869 of 2025** **==> picture [16 x 9] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:27414 Government with representation dated 22.03.2025. 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.P13, the issue has to be relooked by the respondents. In the afore facts of the case, the writ petition is disposed of directing the 1[st] respondent to consider Ext.P15 representation submitted by the petitioner in the light of Exts.P3 to P14 and take appropriate decision thereon within a period of four months. Sd/- **N. NAGARESH JUDGE** ams 2025:KER:27414 ## **W.P.(C)No.12869 of 2025** **:8:** **==> picture [58 x 57] intentionally omitted <==** ## **APPENDIX OF WP(C) 12869/2025** **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 REQUISITION WITH REGARD TO THE POST OF PTM DATED 31.05.2023 Exhibit P-4 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF LPST DATED 31.05.2023 Exhibit P-4(a) TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF MUSIC DATED 31.05.2023 Exhibit P-5 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF UPST DATED 31.05.2023 Exhibit P-6 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF JLT (SANSKRIT) PT DATED 31.05.2023 Exhibit P-7 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HST (HINDI) DATED 31.05.2023 Exhibit P-8 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HSST (MALAYALAM) JR DATED 31.05.2023** ## **W.P.(C)No.12869 of 2025** ## **:9:** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:27414 **Exhibit P-9** **TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HSST (HISTORY)SR. DATED 31.05.2023** **Exhibit P-10 TRUE 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 AND ANOTHER 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**