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2012 Supreme(Ker) 222

A.M.SHAFFIQUE
Manager, L. M. S. Special Schools – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner:Smt. Aysha Youseff, Smt. Molly Jacob, Smt. U.M. Fousia, Smt. Rabia Beegam T.K, Smt. Boby M. Sekhar, Advocates.
For the Respondents:R5, Babu Varghese (Sr.), Johnson T. John, Advocate, R1 - R4, V. Vijulal, Government Pleader.

Judgment

1. The petitioner is an Assistant teacher in a blind school. She has 26 years of service and is the senior most fully qualified teacher for promotion as Headmaster.

2. By Ext.P1 applications were invited for appointment to the post of Headmaster. The petitioner did not get appointment and the 6th respondent was appointed to the said post. Though the petitioner challenged the matter before the competent authorities, her claim had been rejected finally by Ext.P11 which is under challenge and she also seeks for a direction to promote and appoint her as the Headmistress.

3. The respondent however contended that the petitioner was not eligible to be appointed as the Headmaster as per the qualification criteria prescribed under Note (3) of Clause 1 (A) of Ext.P1, wherein it is indicated that handicapped persons shall not be recruited or promoted as Headmaster of special schools. It is further contended that the respondent institution is a minority institution coming under Article 30(1) of the Constitution and thereby entitled to make appointments overlooking seniority.

4. It is the contention of the petitioner that as per Section 47(2) of 'The Persons with Disabilities (Equal O


























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