2025:KER:27419 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. 12936 OF 2025 PETITIONER: THE MANAGER (SWAMI SADBHAVANANDA) AGED 60 YEARS, S/O N.V.ANANDAN NAMBIAR MANAGER, SREE RAMA KRISHNA GURUKULA VIDYA MANDIR HIGHER SECONDARY SCHOOL, PURANATTUKARA P.O, THRISSUR DISTRICT – 680 551 (RESIDING AT SRI.RAMAKRISHNA MATH, PURANATTUKARA P.O, THRISSUR DISTRICT), PIN – 680551. BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE- II, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION HIGHER SECONDARY, NEW BUILDING, ULLOR LANE JAGATHY,THIRUVANANTHAPURAM, PIN – 695014. W.P.(C)No.12936 of 2025 :2: 2025:KER:27419 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM DISTRICT, PIN – 682011. BY ADV.SRI.V VENUGOPAL, SR.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.12936 of 2025 :3: 2025:KER:27419 J U D G M E N T Dated this the 28th day of March, 2025 SRKGVMHSS, Puranatukara is an Aided School in terms of the Kerala Education Act and Rules situated in Thrissur District. The petitioner is the Manager of the School. 2. Complying with the requirements of the Rights of Persons with Disabilities Act, 2016 (PwD Act), the petitioner has set apart the post of HSST Malayalam and HSST (Junior) in Commerce, for differently abled hands and effected appointments. Thus, in the Higher Secondary School of the petitioner, two incumbents, differently abled, were appointed and the reservation requirement was complied with. The HSST (Junior) in Commerce, after getting Ext.P2 approval, resigned from service. Thereafter, another HSST (Junior) vacancy in W.P.(C)No.12936 of 2025 :4: 2025:KER:27419 Economics arose. To the said post, Sri.Vignesh Ramadas was appointed. Ext.P7 is objected by the 3rd respondent, requiring that the post HSST (Junior) in Economics should be filled up by differently abled hand. 3. The petitioner submits that Ext.P8 is highly arbitrary and grossly illegal. It is issued in violation of the principles of natural justice. In obedience to PwD Act, the petitioner has reserved one HSST post and another HSST (Junior) post for the appointment of differently abled hands. Such appointments were effected as born out from Exts.P1 to P4. True, the incumbent for the post HSST (Junior) Commerce resigned from service as per Ext.P5. But, appointments in both the category were made by the petitioner in compliance with the Government Order dated 25.06.2022. It prescribed reservation for differently abled hands in the category of HSST and HSST (Junior) separately. W.P.(C)No.12936 of 2025 :5: 2025:KER:27419 4. Ext.P8 is opposed to the Government Order dated 31.10.2019. The petitioner further submits that Ext.P8 is hit by Ext.P10. It is evident from Ext.P10 that once the turn of differently abled hand is filled up, the next vacancy for the incumbent of the said category is 26th vacancy/turn as can be seen from Ext.P10. It was without understanding Ext.P10 that the Ext.P8 was came to be issued by the 3rd respondent. Therefore, assailing Ext.P8, the petitioner moved the Government in Appeal. The petitioner seeks the Government to examine the request of the petitioner for approval to Ext.P7 in the light of Ext.P10 Government Order. 5. Heard. 6. Raising the grievance, the petitioner has preferred Ext.P11 appeal invoking the provisions of the Kerala Education Rules. As Ext.P11 is a statutory appeal, it would be only just and proper that the 1st respondent considers the same W.P.(C)No.12936 of 2025 :6: 2025:KER:27419 and takes appropriate decision thereon, expeditiously, in accordance with law. The writ petition is disposed of directing the 1st respondent to consider Ext.P11 appeal and take appropriate decision thereon within a period of four months, with notice to the petitioner and other affected parties, if any, and adverting to Exts.P9 and P10. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.12936 of 2025 :7: 2025:KER:27419 APPENDIX OF WP(C) 12936/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER WITH RESPECT TO SMT.KAVYA M V, (HSST MALAYALAM) DATED 07.09.2023 Exhibit P-2 TRUE COPY OF THE APPROVAL ORDER OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM VIDE NO.RDDHSE/EKM/7284/2023-A5 DATED 27.02.2024 Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER WITH RESPECT TO SMT.SOUMYA PRABHA K, (HSST JR. COMMERCE) DATED 15.09.2023 Exhibit P-4 TRUE COPY OF THE APPROVAL ORDER OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM VIDE NO.RDDHSE/EKM/7284/2023-A5 DATED 27.02.2024 Exhibit P-5 TRUE COPY OF THE RESIGNATION LETTER WITH RESPECT TO SMT.SOUMYA PRABHA K DATED 08.08.2024 Exhibit P-6 TRUE COPY OF THE MINUTES OF THE STAFF SELECTION COMMITTEE DATED 09.11.2024 Exhibit P-7 TRUE COPY OF THE APPOINTMENT ORDER IN RESPECT OF SRI.VIGNESH RAMADAS (HSST JR ECONOMICS) DATED 24.06.2024 Exhibit P-8 TRUE COPY OF THE LETTER OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY W.P.(C)No.12936 of 2025 :8: 2025:KER:27419 EDUCATION ADDRESSING THE MANAGER VIDE NO.RDDHSE/EKM/230/2025-A5 DATED 15.03.2025 Exhibit P-9 TRUE COPY OF THE G.O. (MS.)NO.111/2022/GEDN DATED 25.06.2022 Exhibit P-10 TRUE COPY OF THE G.O.(P).NO.12/2019/SJD DATED 31.10.2019 Exhibit P-11 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20.03.2025