The Corporate Manager (Fr. Sunil Puthiyattill) v. State of Kerala and others

**==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 10[TH] DAY OF APRIL 2025 / 20TH CHAITHRA, 1947** **WP(C) NO. 15136 OF 2025** ## **PETITIONER:** **THE CORPORATE MANAGER (FR. SUNIL PUTHIYATTIL), CORPORATE MANAGER OF ALL CSI SCHOOLS IN MALABAR AND WAYANAD, AGED 54 YEARS S/O (LATE) DEVADAS PUTHIYATTIL, BANK ROAD, KOZHIKODE DISTRICT, PIN – 673001.** **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.15136 of 2025** **:2:** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 - **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 – 67000.** - **6 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CIVIL STATION RD, UP HILL, MALAPPURAM DISTRICT, PIN – 676505.** - **7 THE DEPUTY DIRECTOR OF EDUCATION MANANCHIRA, KOZHIKODE DISTRICT, PIN – 673001.** - **8 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION PALAKKAD DISTRICT, PIN – 67800.** - **9 THE DEPUTY DIRECTOR OF EDUCATION KALPETTA, WAYANAD DISTRICT, PIN – 673122.** - **10 THE DEPUTY DIRECTOR OF EDUCATION DOWN HILL, MALAPPURAM DISTRICT, PIN – 676505.** - **11 THE DEPUTY DIRECTOR OF EDUCATION PUZHATHI HOUSING COLONY KANNUR DISTRICT, PIN – 670002.** - **12 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION KASARGODE DISTRICT, PIN – 67112.** - **13 THE DISTRICT EDUCATIONAL OFFICER KALPETTA, WAYANAD DISTRICT, PIN – 673121.** ## **W.P.(C)No.15136 of 2025 :3:** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 |**14**|**THE DISTRICT EDUCATIONAL OFFICER**| |---|---| ||**THALASSERY, KANNUR DISTRICT, PIN – 670101.**| |**15**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**TAZHEKKOD, KOZHIKODE DISTRICT, PIN – 673004.**| |**16**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**SANTHI NAGAR, PALAKKAD DISTRICT, PIN – 678014.**| |**17**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**TIRURANGADI, MALAPPURAM DISTRICT, PIN – 676306.**| |**18**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**VIDYANAGAR - ULIYATHADKA RD,**| ||**KASARAGOD DISTRICT, PIN – 671123.**| |**19**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**MINI CIVIL STATION, VADAKARA,**| ||**KOZHIKODE DISTRICT, PIN – 673101.**| |**20**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**MINI CIVIL STATION TIRUR,**| ||**MALAPPURM DISTRICT, PIN – 676101.**| |**21**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**OTTAPPALAM, PALAKKAD DISTRICT, PIN – 679101.**| |**22**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**THALIPARAMBA, KANNUR DISTRICT, PIN – 670141.**| |**23**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**CIVIL STATION, MALAPPURAM, DISTRICT,**| ||**PIN – 676505.**| |**24**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**VYTHIRI, WAYANAD DISTRICT, PIN – 673576.**| **W.P.(C)No.15136 of 2025 :4:** **==> picture [58 x 57] intentionally omitted <==** ## 2025:KER:31238 - **25 THE ASSISTANT EDUCATIONAL OFFICER PAPPINISSERY, KANNUR DISTRICT, PIN – 670672.** - **26 THE ASSISTANT EDUCATIONAL OFFICER KANNUR NORTH, PUZHATHI HOUSING COLONY, KANNUR DISTRICT, PIN – 670002.** - **27 THE ASSISTANT EDUCATIONAL OFFICER MATTANUR, KANNUR DISTRICT.** - **28 THE ASSISTANT EDUCATIONAL OFFICER KUTHUPARAMBA, KANNUR DISTRICT, PIN – 67063.** - **29 THE ASSISTANT EDUCATIONAL OFFICER CHOMBALA, KOZHIKODE DISTRICT, PIN – 673001.** - **30 THE ASSISTANT EDUCATIONAL OFFICER CHEVAYUR, KOZHIKODE DISTRICT, PIN – 673001.** - **31 THE ASSISTANT EDUCATIONAL OFFICER KOZHIKODE CITY, KOZHKODE DISTRICT, PIN – 673006.** - **32 THE ASSISTANT EDUCATIONAL OFFICER FEROKE, KOZHKODE DISTRICT, PIN – 673631.** - **33 THE ASSISTANT EDUCATIONAL OFFICER TIRUR, MALAPPURAM DISTRICT, PIN – 676304.** - **34 THE ASSISTANT EDUCATIONAL OFFICER PONNANI, MALAPPURAM DISTRICT, PIN – 679576.** - **35 THE ASSISTANT EDUCATIONAL OFFICE OTTAPALAM, PALAKKAD DISTRICT, PIN – 679101.** ## **W.P.(C)No.15136 of 2025 :5:** 2025:KER:31238 |**36**|**THE ASSISTANT EDUCATIONAL OFFICER**| |---|---| ||**KOYILANDY, KOZHIKODE, DISTRICT, PIN – 673032.**| |**37**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**PAYYANUR, KANNUR DISTRICT, PIN – 670307.**| |**38**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER**| ||**MADAYI, KANNUR DISTRICT, PIN – 670303.**| |**39**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**THALIPARAMBA NORTH, KANNUR DISTRICT,**| ||**PIN – 670141.**| |**40**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**VATAKARA, KOZHIKODE DISTRICT, PIN – 673101.**| |**41**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**MANJERI, MALAPPURAM DISTRICT, PIN – 676517.**| |**42**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**PARAPPANANGADI, MALAPPURAM DISTRICT,**| ||**PIN – 676303.**| |**43**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**SHORNUR, PALAKKAD DISTRICT, PIN – 679122.**| |**44**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**ALATHUR, PALAKKAD DISTRICT, PIN – 678506.**| |**45**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**CHITTUR, PALAKKAD DISTRICT, PIN – 678101.**| |**46**|**THE ASSISTANT EDUCATIONAL OFFICER**| ||**OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER**| ||**PALAKKAD DISTRICT, PIN – 678014.**| ||**BY ADV.SRI. V.VENUGOPAL, SR.GOVERNMENT PLEADER**| ## **W.P.(C)No.15136 of 2025** **:6:** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C)No.15136 of 2025** **==> picture [16 x 9] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** **==> picture [102 x 9] intentionally omitted <==** **----- Start of picture text -----**<br> 2025:KER:31238<br>**----- End of picture text -----**<br> ## **J U D G M E N T** Dated this the 10[th] day of April, 2025 The petitioner is the Corporate Manager of the CSI Schools in Malabar and Wayanad. 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. According to the petitioner, in compliance, the petitioner has set apart various posts for differently abled hands. 3. The petitioner states that it is evident from Exts.P3 to P9 that the petitioner has complied with the ## **W.P.(C)No.15136 of 2025** **==> picture [16 x 10] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 requirements covered by Exts.P1 and P2. The Employment Exchange concerned is busy with processing of candidates for the posts contained in Exts.P3 to P9. Yet, other appointments effected by the petitioner as against regular posts under the Management are not processed by the Educational Officer for want of physical induction of qualified differently abled hands for the posts covered by Exts.P3 to P9. A number of appointments effected by the petitioner under the Management are pending approval. 4. In similar circumstances, 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 and P11 ought to have been made applicable in respect of the ## **W.P.(C)No.15136 of 2025** **==> picture [16 x 10] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 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 59], 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 Hon'ble 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 ## **W.P.(C)No.15136 of 2025** **==> picture [22 x 10] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 has moved the Government with representation dated 27.03.2025. 6. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing the respondents. 7. Government Pleader submits that whether Exts.P10 and P11 can be extended to the petitioner is a legal question that will be arising while considering the representation. 8. 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 **W.P.(C)No.15136 of 2025** **==> picture [22 x 10] intentionally omitted <==** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 representation submitted by the petitioner taking note of Exts.P3 to P14 and take appropriate decision thereon within a period of four months. Sd/- **N. NAGARESH JUDGE** ams ## **W.P.(C)No.15136 of 2025** ## **:12:** **==> picture [58 x 57] intentionally omitted <==** 2025:KER:31238 ## **APPENDIX OF WP(C) 15136/2025** ## **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 THEG.O.(MS.).NO.111/2022/GEDN**| ||**DATED 25.06.2022**| |**Exhibit P-3**|**TRUE COPY OF THE REQUISITION WITH REGARD TO**| ||**THE POST OF HST (KANNADA)**| |**Exhibit P-3(a) **|**TRUE COPY OF THE ACKNOWLEDGMENT DATED**| ||**22.06.2023**| |**Exhibit P-4**|**TRUE COPY OF THE REQUISITION WITH REGARD TO**| ||**THE POST OF LPST**| |**Exhibit P-4(a) **|**TRUE COPY OF THE ACKNOWLEDGMENT DATED**| ||**22.06.2023**| |**Exhibit P-5**|**TRUE COPY OF THE REQUISITION WITH REGARD TO**| ||**THE POST OF UPST**| |**Exhibit P-5(a) **|**TRUE COPY OF THE ACKNOWLEDGMENT DATED**| ||**22.06.2023**| |**Exhibit P-6**|**TRUE COPY OF THE REQUISITION WITH REGARD TO**| ||**THE POST OF HSST JR. ECONOMICS**| |**Exhibit P-6(a) **|**TRUE COPY OF THE ACKNOWLEDGMENT DATED**| ||**09.06.2023**| |**Exhibit P-7**|**TRUE COPY OF THE REQUISITION WITH REGARD TO**| ||**THE POST OF HSST JR MATHEMATICS DATED**| ||**08.06.2023**| 2025:KER:31238 ## **W.P.(C)No.15136 of 2025** ## **:13:** **==> picture [58 x 57] intentionally omitted <==** **Exhibit P-7(a) TRUE COPY OF THE ACKNOWLEDGMENT DATED 09.06.2023** **Exhibit P-8 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HSST HISTORY DATED 08.06.2023** **Exhibit P-8(a) TRUE COPY OF THE ACKNOWLEDGMENT DATED 09.06.2023** **Exhibit P-9 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HSST JUNIOR BOTANY DATED 08.06.2023** **Exhibit P-9(a) TRUE COPY OF THE ACKNOWLEDGMENT DATED 09.06.2023** **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 27.03.2025**