Kerala High Court
WP(C)/15339/2025 of SETINA P. PONNAPPAN Vs THE STATE OF KERALA on 10 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 15339 OF 2025 PETITIONERS: 1 SETINA P. PONNAPPAN AGED 44 YEARS, W/O.BENCY JOSEPH, HSST SOCIOLOGY, ST. JOSEPH’S HSS, PULINCUNNU, ALAPPUZHA DISTRICT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 15339 OF 2025
PETITIONERS:
SETINA P. PONNAPPAN
AGED 44 YEARS, W/O.BENCY JOSEPH,
HSST SOCIOLOGY, ST. JOSEPH’S HSS,
PULINCUNNU, ALAPPUZHA DISTRICT
(RESIDING AT PARAYIL HOUSE, MANNANAM P O, KOTTAYAM-686 561), PIN – 688504.
BINU ABRAHAM
AGED 36 YEARS, S/O.K.J. ABRAHAM, HSST
MALAYALAM, ST. JOSEPH’S HSS,
PULINCUNNU, ALAPPUZHA, PIN – 688504.
DHANYA ELSY J. POONIYIL
AGED 27 YEARS, W/O.GEORGE MATHEW,
HSST CHEMISTRY, ST. JOSEPH’S HSS,
PULINCUNNU, ALAPPUZHA, PIN – 688504.
ARUN CYRIAC
AGED 43 YEARS, S/O.CYRIAC THOMAS,
HSST (JUNIOR) ZOOLOGY, ST. JOSEPH’S HSS, PULINCUNNU, ALAPPUZHA, PIN – 688504.
MEGHA THOMAS
AGED 28 YEARS, WIFE OF JOE ALEX PHILIP,
HSST (JUNIOR) MATHEMATICS, ST. EPHREM’S HSS, MANNANAM, KOTTAYAM, PIN – 686561.
W.P.(C)No.15339 of 2025
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JEFFEY MARY JOSEPH
AGED 35 YEARS, W/O.ROHIT GEORGE,
HSST (JUNIOR) MATHEMATICS,
ST.JOSEPH’S HSS, PULINCUNNU,
ALAPPUZHA, PIN – 688504.
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN – 695001.
THE DIRECTOR OF GENERAL EDUCATION
HIGHER SECONDARY EDUCATION, NEW BUILDINGS, ULOOR
LANE, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014.
THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY
EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, AALTHARA JUNCTION, CHENGANNUR, ALAPPUZHA DISTRICT, PIN – 689121.
THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY
EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, VAYASKARAKUNNU, KOTTAYAM DISTRICT, PIN – 686001.
W.P.(C)No.15339 of 2025
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THE CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY OF C M I SCHOOLS
K E RESIDENCE, MANNANAM P O, KOTTAYAM,
PIN – 686561.
THE PRINCIPAL
ST. JOSEPH’S HSS, PULINCUNNU,
ALAPPUZHA, PIN – 688504.
THE PRINCIPAL
ST. EPHREM’S HSS, MANNANAM,
KOTTAYAM, PIN – 686561.
BY ADV.SMT. ANIMA M., GOVERNMENT PLEADER
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.15339 of 2025
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2025:KER:31239
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J U D G M E N T
Dated this the 10th day of April, 2025 The petitioners state that as against the vacancy of HSSTs and HSST (Junior), which could be filled up by direct recruitment as per the Rules, Selection Committee was convened, including Government nominee. Appointments of all the petitioners were granted approval on provisional basis by the RDDs, subject to reservation appointments of disabled hands.
2. But they could not be regularised for want of disabled hands for appointments against the vacancies of HSST Physics and HSST (Junior) Mathematics, which were earmarked for reservation appointments of disabled hands. Necessary roster details regarding the appointments of
:5: 2025:KER:31239 differently abled hands was prepared. Requisitions made by the Corporate Manager before the Divisional Employment Officer, Professional
and
Executive
Employment
Office, Thiruvananthapuram. But the Employment Exchange could not provide qualified disabled hands and they issued Non- availability Certificates as per Exts.P16 and P17.
3. In view of these, the appointment of the petitioners could be granted approval on regular basis in line with Ext.P18 judgment of the Hon'ble Apex Court, contend the petitioners. In the circumstances, revision petition dated 04.04.2025, is moved before the Government. Its long pendency would result in extreme hardships to the petitioners, urged the petitioners.
4. I have heard the learned Counsel for the petitioners and the learned Government Pleader representing the respondents.
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5. The approval to the appointment of the petitioners was not granted on regular basis on the ground that Persons with Disabilities were not properly accommodated as per reservation entitlement. Now that the Hon'ble Apex Court has passed Ext.P18, 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.P19 combined revision petition submitted by the petitioners, taking note of Ext.P18 and take appropriate decision thereon within a period of four months. Sd/- N. NAGARESH JUDGE ams
:7: 2025:KER:31239 APPENDIX OF WP(C) 15339/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01.06.2022 Exhibit P-2 TRUE COPY OF THE APPROVAL ORDER NO. RDD/
HSE/CNGR/1698/2023/C3
DATED 17.02.2024 ALONG WITH REVISED ORDER DATED 27.02.2024 (1ST PETITIONER) Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 01.06.2022 Exhibit P-4 TRUE COPY OF THE APPROVAL ORDER NO. RDD/HSE/CNGR/1678/2023/C3
DATED 13.02.2024 (2ND PETITIONER) Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 03.06.2024 Exhibit P-6 TRUE COPY OF THE APPROVAL ORDER NO. RDD/HSE/CNGR/1785/2024/C2
DATED 12.10.2024 (3RD PETITIONER) Exhibit P-7 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 15.07.2021 Exhibit P-8 TRUE COPY OF THE APPROVAL ORDER NO. RDD/HSE/CNGR/1677/2023/C5
DATED 21.12.2023 (4TH PETITIONER) Exhibit P-9 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED 25.08.2022 Exhibit P-10 TRUE COPY OF THE APPROVAL ORDER NO. RDD/HSE/KTM/1672/2023/A4
DATED
:8: 2025:KER:31239 29.03.2024 (5TH PETITIONER) Exhibit P-11 TRUE COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER DATED 25.08.2022 Exhibit P-12 RUE COPY OF THE APPROVAL ORDER NO. RDD/HSE/CNGR/1613/2023/C3
DATED 17.02.2024 (6TH PETITIONER) Exhibit P-13 TRUE COPY OF THE RPWD ROSTER DATA COLLECTION REPORT UPLOADED THROUGH SAMANWAYA Exhibit P-14 TRUE COPY OF THE REQUISITION DATED 15.01.2025 FOR ONE POST OF HSST PHYSICS Exhibit P-15 TRUE COPY OF THE REQUISITION DATED 15.01.2025 FOR ONE POST OF HSST (JUNIOR) MATHEMATICS Exhibit P-16 TRUE COPY OF THE NON-AVAILABILITY CERTIFICATE FOR HSST PHYSICS DATED 20.03.2025 OF THE DIVISIONAL EMPLOYMENT OFFICER Exhibit P-17 TRUE COPY OF THE NON-AVAILABILITY CERTIFICATE
FOR
HSST
(JUNIOR) MATHEMATICS DATED 20.03.2025 OF THE DIVISIONAL EMPLOYMENT OFFICER Exhibit P-18 TRUE COPY OF THE ORDER OF THE HON’BLE APEX COURT IN S L P (C) NO. 11373/2024 DATED 04.03.2025 Exhibit P-19 TRUE COPY OF THE SAID REVISION PETITION SO SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 04.04.2025