2025:KER:27414 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 28TH 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: 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: 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 :4: 2025:KER:27414 J U D G M E N T Dated this the 28th 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. 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 :5: 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 :6: 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 :7: 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 1st 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 W.P.(C)No.12869 of 2025 :8: 2025:KER:27414 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: 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