IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
P. PRAKASH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 639 OF 2026
| Table of Content |
|---|
| 1. appointment procedures (Para 1 , 2 , 3) |
| 2. reconsideration based on compliance with pwd norms (Para 4 , 5 , 6 , 7) |
JUDGMENT
Dated this the 9th day of February, 2026 The petitioner is Manager of an Aided School. He appointed four UPSTs as per Exts.P1 to P4 orders on different dates.
2. The petitioner states that appointments were approved on Daily Wage basis for the reason that Physically Disabled Candidates were not appointed and the four appointments will be regularised as and when Physically Disabled Candidates are appointed.
3. The petitioner states that a physically disabled person has been subsequently appointed, as can be seen from Ext.P8. Therefore, there is no difficulty in making the four appointments on Scale of Pay basis.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
5. Ext.P13 order passed by the Assistant Educational Officer would indicate that the approvals were not granted on Scale of Pay basis for the reason that the reservation for PwD Candidates has not been followed. Ext.P13 has been issued on 06.03.2025.
6. Ext.P7 communication issued by the National Employment Service (Kerala) would show that subsequently, the Employment Exchange has sponsored PwD Candidate on 16.07.2025 and the said PwD Candidate joined service on 25.07.2025, as can be seen from Ext.P8.
7. If by appointment of a PwD Candidate as per Ext.P8, the reservation norms relating to PwD Candidates are fulfilled, then, there is nothing which prevents the Educational Officer to grant approval to the appointments made by the petitioner on Scale of Pay basis.
In the facts of the case, the writ petition is disposed of directing the 5th respondent to reconsider the issue of grant of appointment on Scale of Pay basis in respect of the four Teachers (Exts.P10 to P13) and pass appropriate orders in this regard within a period of two months, taking note of Exts.P7 and P8.
Sd/-
N.NAGARESH JUDGE hmh APPENDIX OF WP(C) NO. 639 OF 2026 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF SWAPNA G, ON 15-7-2021 Exhibit P2 TRUE COPY OF THE ORDER OF APPOINTMENT OF AGESH KHAN.S. ON 15-7-2021 Exhibit P3 TRUE COPY OF THE ORDER OF APPOINTMENT OF PARVATHY.S. ON 1-6-2022 Exhibit P4 TRUE COPY OF THE ORDER OF APPOINTMENT OF PRAJEESH.P ON 3-6-2024 Exhibit P5 TRUE COPY OF THE REQUEST DATED 18-06-
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