The court reinforced that unfilled vacancies for physically disabled persons should not obstruct the regularization of qualified appointments in educational institutions.

JUDGMENT :

Anil K. Narendran, J.

The respondents in W.P.(C)No.44138 of 2024 have filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 27.02.2025 of the learned Single Judge in that writ petition, which was one filed by the respondents herein, i.e., the 1^st respondent Manager of Jama-ath L.P.School, and the 2^nd respondent Lower Primary School Teacher, seeking the following reliefs;

“(i) Issue a writ of certiorari or any other writ, order or direction calling for the records leading to Ext.P3 and quash the same to the extent it approves the appointment of the 2^nd petitioner only on daily wage basis;

(ii) Issue a writ of certiorari of any other writ, order or direction calling for the records leading to Exts.P7, P8 and P9 and quash the same to the extent it does not approve the appointment of the 2^nd petitioner as LPST on regular basis;

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to approve the appointment of the 2^nd petitioner as L.P.S.T on regular basis in the scale of pay and disburse all consequential benefits including arrears of salary;

(iv) Declare that Clause 2(ix) of Ext.P2 and Clause 2(7) of Ext.P10 should not be made applicable to the school of the 1^st petitioner in view of setting apart of established vacancy for accommodating a qualified disabled hand any time now remaining unfilled due to non-availability of a qualified disabled hand;”

2. By the judgment dated 27.02.2025, the learned Single Judge disposed of that writ petition with the directions contained in the last paragraph of that judgment. Paragraphs 12 to 16 and also the last paragraph of that judgment read thus;

“12. By Ext.P3, the 2^nd petitioner's appointment as LPST with effect from 21.02.2022 was approved only on daily wage basis. Ext.P3 stated that as and when the appointments are made as per reservation norms applicable to physically disabled persons, then the 2^nd petitioner's appointment can be regularised.

13. It is the specific case of the Manager that the Manager had addressed letters to the Special Employment Exchange and the Special Employment Officer has issued Non Availability Certificate stating that competent Persons with Disabilities, are not available for appointment as Teachers in the 1^st petitioner's School.

14. Ext.P7 order dated 15.10.2024 was issued by the 1^st respondent. In Ext.P7, there is a specific finding that there are no persons with physical disabilities who are qualified to be given appointment in the 1^st petitioner's School. A direction was given to the Assistant Educational Officer as per Ext.P3 to approve the appointment of the 2^nd petitioner following Ext.P2 G.O.(MS)No.29/2023/GEDN dated 24.03.2023. Subsequently, the Assistant Educational Officer has issued Ext.P8 communication to the Manager of the School requiring the Assistant Educational Officer to inform whether the reservation norms were strictly adhered to.

15. It is an admitted position that inspite of various efforts taken by the 1^st petitioner, the Special Employment Exchange was not able to provide physically challenged persons. After Ext.P4, the Manager of the School has issued advertisements in three leading newspapers. However, inspite of the earnest efforts, any physically disabled persons did not came forward with an application for appointment.

16. In such circumstances, the 2^nd petitioner, who is duly appointed through a selection process cannot be condemned to draw salary on daily wage basis. The 2^nd petitioner was appointed on 21.02.2022, more than three years have lapsed since her appointment.

In the facts of the case, the writ petition is disposed of setting aside Exts.P3, P7, P8 and P9. There will be a consequential direction to the 2^nd respondent to approve the appointment of the 2^nd petitioner as LPST with effect from the date of her