IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 7^TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 14371 OF 2025 PETITIONER:

THE CORPORATE MANAGER (FR.JOY ADAMBUKULAM), CORPORATE EDUCATIONAL AGENCY, ARCHDIOCESE OF THRISSUR AGED 55 YEARS S/O A.L.ROCKY ADAMBUKULAM, (RESIDING AT SACRED HEART CHURCH, CHEMBUKAVU, THRISSUR DISTRICT), PIN - 680005 BY ADVS.

V.A.MUHAMMED M.SAJJAD RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY) NEW BUILDING, ULLOOR LANE, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

3 THE DIRECTOR OF GENERAL EDUCATION JAGATHY,THIRUVANANTHAPURAM, PIN - 695014

4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM, PIN - 682030

5 THE DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003

6 THE DISTRICT EDUCATIONAL OFFICER CHEMBUKKAV, THRISSUR DISTRICT, PIN - 680020

7 THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506

8 THE DISTRICT EDUCATIONAL OFFICER IRIJALAKKUDA, THRISSUR DISTRICT, PIN - 680121

9 THE ASSISTANT EDUCATIONAL OFFICER IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121

10 THE ASSISTANT EDUCATIONAL OFFICER KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680561

11 THE ASSISTANT EDUCATIONAL OFFICER KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503

12 THE ASSISTANT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506

13 THE ASSISTANT EDUCATIONAL OFFICER VADAKKARA, THRISSUR DISTRICT, PIN - 673101

14 THE ASSISTANT EDUCATIONAL OFFICER THRISSUR WEST, THRISSUR DISTRICT, PIN - 680001

15 THE ASSISTANT EDUCATIONAL OFFICER THRISSUR EAST, THRISSUR DISTRICT, PIN - 680005

16 THE ASSISTANT EDUCATIONAL OFFICER MULLASSERY, THRISSUR DISTRICT, PIN - 680509

17 THE ASSISTANT EDUCATIONAL OFFICER VALAPPAD, THRISSUR DISTRICT, PIN - 680567 SRI.P. SANTHOSH KUMAR,SPL.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 7^th day of April, 2025 The petitioner is the Corporate Manager of the Corporate Educational Agency, Arch Diocese of Thrissur. 2. The Rights of Persons with Disability Act, 2016 requires 4% reservation in appointments for differently abled hands. It is made applicable to the Aided Schools as well. The turn of appointments is also prescribed as 1, 26, 51, and 76 for differently abled hands. In compliance, the petitioner has set apart posts and vacancies for PwD candidates.

3. It is evident from Exts.P3 to P9 that the petitioner has complied with the requirements covered by Exts.P1 and P2. Employment Exchange concerned is busy with the processing of candidates for the posts contained in Exs.P3 to P9. Other appointments effected by the petitioner against regular posts under the Management are not processed by the Educational Officer concerned for want of appointment of qualified differently abled hands.

4. In similar circumstances, the NSS Management moved the Apex Court and got Ext.P10 order dated 04.03.2025. Consequently, the Government issued Ext.P11 order dated 17.03.2025. But it would appear that Ext.P11 is applicable only in respect of the Schools under the NSS Management. The benefits flowing from Exts.P10 and P11 ought to have been made applicable in respect of the appointments under the Managements that are similarly situated.

5. In the light of the judgments in Central Finance and Investments and another v. Secretary, Kothamangalam Municipality and others [2021 (6) KHC 59] and Somukuttan Nair v. State of Kerala [1997 KHC 114], the benefits flowing from Exts.P10 and P11 cannot be denied to the petitioner. In the circumstances, the petitioner filed Ext.P15 representation before the 1^st respondent, which is pending consideration, contends the petitioner.

6. I have heard the learned counsel