The Court emphasized the necessity of timely consideration of representations in administrative procedures, particularly concerning disabled candidates.

JUDGMENT

The writ petition is filed with the following prayers:

“(i) Issue a Writ of Mandamus directing the 1^st Respondent to finalize the selection Procedure initiated as per Exhibit P1 re-notification, within a time frame fixed by this honourable Court.

(ii) Issue a Writ of Mandamus directing the 1st Respondent to consider and pass orders on Exhibit P5 representation submitted by the Petitioner.”

2. The petitioner is a graduate in the subject Botany. The 1^st respondent/Manager of the Cochin College, issued Ext.P1 re- notification dated 26.03.2025, calling for applications to the permanent post of Assistant Professors in subject Physics and Botany. Ext.P1 was earmarked to be filled up under the norms of Right of Persons with Disabilities Act, 2016 , since the College had to fill up backlog vacancies as per Ext.P2, Government Order. Ext.P1 is a third notification. Earlier on two occasions since no person with disability in the category of Deaf/Hard-Heard applied, the petitioner being a person with disability (low vision) preferred an application to the post of Assistant Professor Botany, pursuant to Ext.P1. Vide Ext.P3, the petitioner was called for an interview. The petitioner was the only person applied and interviewed via Ext.P1 re-notification. Since the selection process was not finalised, on enquiry the petitioner came to know that the 1st respondent was awaiting approval from the Government, as Ext.P1 re-notification was issued changing the category. Since, there was delay in finalising the selection process, the petitioner preferred Ext.P5 representation before the 1^st respondent. Aggrieved by non- consideration of Ext.P5 and the delay in completing the selection process, the petitioner has approached this Court with the above writ petition.

3. Respondents 1 and 2 have filed counter affidavits contending that the College had issued notification to fill up the post of Botany in Category II as sanctioned by the Government earmarked for Deaf and hard of hearing. Though the vacancy was notified twice, there was no response from any suitable candidates. Thereafter, Ext.P1 notice was issued with a rider that the stipulations contained in the order issued by the Government vide G.O.(MS) No.242/2022/H.Edn. dated 18.05.2022 would be applicable, and that the vacancy would be filled up by other PWD candidates, subject to approval by the Government. Considering the lack of sufficient candidates who had applied as well as the necessity to fill up the post, the Selection Committee, headed by the Manager, decided to conduct the interview on the condition that the appointment would be subject to the approval of the Government with respect to the change of category. Since no approval was received from the Government, Ext.R1(b) letter dated 12.06.2025 was submitted to the Office of the Deputy Director, Higher Education, Ernakulam. The Office of the Deputy Director, Higher Education has issued a letter dated 03.10.2025 stating that the request of the College to fill up the post of Botany by category change has been forwarded to the Directorate of Higher Education and information is received stating that category change is not permissible. Under such circumstances, the respondents are put to difficulty to finalise the selection process or to take decision in Ext.P5 representation favouring the writ petitioner.

4. I have heard the learned counsel appearing for the petitioner and the respective Standing Counsels for the respondents 1 to 3 and the learned Government Pleader.

5. The petitioner in this writ petition is aggrieved by the delay in completing the selection process to the post of subject Botany. Though Ext.P5 represen