The court maintains that government orders and circulars stipulating reservation rosters for differently-abled persons in aided educational institutions, when aligned with statutory provisions, constitute valid exercise of administrative authority and are not liable to be quashed.

Anil K. Narendran, J.

The appellant filed W.P.(C)No.30230 of 2023, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs;

“(i) To issue a writ of certiorari, or any other appropriate writ order or direction calling for the records leading to Ext.P4 order and quash Paragraph 2 of Ext.P4 to the extent it lays down that the first vacancy that has arisen by applying the ratio of 3% to the total number of vacancies that has arisen with effect from 07.02.1996 and 18.04.2017 and the first vacancy that has arisen by applying 4% to the total number of vacancies that has arisen from 19.04.2017 onwards shall be filled up by differently abled persons;

(ii) To issue a writ of certiorari, or any other appropriate writ order or direction calling for the records leading to Ext. P4 order and quash the same to the extent it clubbed together the posts of LPST and UPST as one group for providing reservation to differently abled persons as the same would fall in the teeth of the provisions contained in the Central Act and is therefore, void and non-est;

(iii) To issue a writ of certiorari, or any other appropriate writ order or direction calling for the records leading to the Ext. P5 order and quash Ext.P5 to the extent it lays down that the primary section, which includes both LP and UP, has to be treated as a single cadre;

(iv) To issue a writ of mandamus, or any other writ, order or direction directing the 3^rd respondent to forthwith approve the appointment of the petitioner on the basis of Ext.P3 order with all consequential benefits;”

2. By the judgment dated 02.05.2025, the learned Single Judge disposed of the said writ petition, along with the connected matters, with the findings and directions contained in paragraph

50 of that judgment, which read thus;

“50. In the light of the discussions on the questions identified in paragraph 17, the writ petitions are disposed of with the following findings and directions.

(i) G.O.(M.S)No.111/2022/G.Edn. dated 25.06.2022 and Circular No.H2/295299/2022/DGE dated 31.03.2023 are valid in law and the same are not liable to be quashed. The prayers to quash the Government Order and the Circular are hence rejected.

(ii) The Managers shall fill up the vacancies earmarked for the disabled candidates in accordance with the Government Orders and the Circulars as also from the list which may have been prepared by the Government as per the directions issued by the Hon'ble Supreme Court in the order dated 30.12.2023.

(iii) The contention that the entire school should be treated as one unit by clubbing all the vacancies together is rejected.

(iv) The challenge to G.O(P)No.5/2023/SJD dated 01.10.2023, to the extent it identifies the post of Primary School Teacher for appointment against vacancies set apart for persons with disabilities, is rejected.

(v) It is held that there is no illegality in following the roster system for appointment of the disabled persons, and in the direction of the Government to set apart the first vacancy in every block of 33/25 as reserved to be filled up by persons with disabilities.

(vi) It is declared that the directions contained in the Government Orders regarding filling up of vacancies in the Aided Educational Institutions do not in any manner violate the rights under Section 11 of the Kerala Education Act and the provisions of the Kerala Education Rules.

(vii) There is no illegality in the guideline issued as per Circular dated 23.11.2022, in excluding the posts set apart to be filled up by protected teachers, while providing for reservation under the 1995 Act and the 2016 Act.

(viii) The Educational Authorities are directed to issue necessary directions to the Managements of Aided Schools in tune with the declaration of law made above, for the necessary