2025:KER:30416 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 14366 OF 2025 PETITIONER: THE MANAGER (SADANANDAN K V), KNMVHSS, VATANAPPALLY AGED 75 YEARS S/O VELAYUDAN, THRITHALLUR, THRISSUR DISTRICT - 680 619 (RESIDING AT KALLARA HOUSE, KIZHAKKUMPATTUKARA, THRISSUR DISTRICT), PIN - 680005 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 JAGATHY,THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION AYANTHOLE, THRISSUR DISTRICT, 2025:KER:30416 WP(C) NO.14366 of 2025 2 PIN - 680003 4 THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506 5 THE PRINCIPAL KNMVHSS, VADANAPPALLY, THRITHALLOOR, THRISSUR DISTRICT, PIN - 680619 SRI.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:30416 WP(C) NO.14366 of 2025 3 JUDGMENT Dated this the 7th day of April, 2025 The petitioner is the Manager of KNM VHSS, Vatanappally, an Aided School. 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 to receive. 2. 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 set apart for differently abled hands. Other appointments effected by the petitioner against regular posts 2025:KER:30416 WP(C) NO.14366 of 2025 4 under the Management are not processed by the Educational Officer concerned for want of physical indictment of qualified differently abled hands. 3. 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. 4. 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 2025:KER:30416 WP(C) NO.14366 of 2025 5 to the petitioner. In such circumstances, the petitioner filed Ext.P15 representation before the 1st respondent, which is pending consideration, contends the petitioner. 5. I have heard the learned counsel for the petitioner and the learned Special Government Pleader representing the respondents. 6. 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 there is absolutely no justification for the Government to deny consequential benefits to similarly situated persons. 7. Be that as it may, at this stage, I do not deem it necessary to adjudicate on the issue, as the petitioner has submitted Ext.P15 representation before the Government. It 2025:KER:30416 WP(C) NO.14366 of 2025 6 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 1st 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. Sd/- N.NAGARESH JUDGE hmh 2025:KER:30416 WP(C) NO.14366 of 2025 7 APPENDIX OF WP(C) 14366/2025 PETITIONER’S 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 NEEDLE WORK TEACHER Exhibit P-4 TRUE COPY OF THE REQUISITION WITH REGARD TO THE POST OF HST (URUDU) Exhibit P-5 TRUE COPY OF THE ROSTER DETAILS FOR THE RESERVATION OF DIFFERENTLY ABLED HANDS DATED 25.01.2023 Exhibit P-6 TRUE COPY OF THE NON-AVAILABLITY OF CERTIFICATE OF CANDIDATE WITH REGARD TO THE POST OF SEWING TEACHER DATED 11.09.2023 Exhibit P-7 TRUE COPY OF THE NON-AVAILABLITY CERTIFICATE OF CANDIDATE WITH REGARD TO THE POST OF HST URDU DATED 11.09.2023 Exhibit P-8 TRUE COPY OF THE ADVERTISEMENT ON DAILY NEWS PAPER, THE NEW INDIAN EXPRESS DATED 25.03.2025 Exhibit P-9 TRUE COPY OF THE SELECTION MEMO BY THE PETITIONER 2025:KER:30416 WP(C) NO.14366 of 2025 8 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