IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.SREEKUMARI AMMA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 301/2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946 WP(C) NO. 301 OF 2025 PETITIONER:
S.SREEKUMARI AMMA AGED 62 YEARS W/O. ADV.J.VENUGOPALAN NAIR, MANAGER, JANARDHANAPURAM HIGHER SECONDARY SCHOOL, OTTASEKHARAMANGALAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121 BY ADV T.RAJASEKHARAN NAIR RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION THIRUVANANTHAPURAM, PIN – 695001
3 DISTRICT EDUCATIONAL OFFICER NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121 BY ADV.
SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT Dated this the 7th day of February, 2025 The petitioner is Manager of a Higher Secondary School. The petitioner is aggrieved by the omission on the part of the authorities to grant approval to the appointment made by the petitioner as per Ext.P2 in respect of a candidate, who is a Person with Disability.
2. The petitioner states that the School is bound to appoint Persons with Disabilities under the Rights of Persons with Disabilities Act, 2016. To comply with the statutory provisions, the petitioner has appointed Smt. Remya S.V. as Junior Language Teacher (Hindi) in the UP Section from 22.11.2023. A proposal was made for approval of the said appointment, which is made as per Ext.P2 order. The appointment was on 22.11.2023. The authorities have not so far approved such appointment.
3. The petitioner would contend that the delay in granting approval to Ext.P2 appointment order has far reaching consequences. There is no reason whatsoever for delay in considering the same. More than one year has lapsed since the appointment. The petitioner has submitted Ext.P4 representation in this regard on 27.11.2024 after one year of appointment. Still no action has been taken. The Educational Authorities have returned the files for curing certain alleged defects. The petitioner would submit that those defects were cured and the proposal was resubmitted.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
5. The candidate was appointed as Junior Language Teacher (Hindi) on 22.11.2023. More than one year has lapsed since the appointment. In the circumstances, it would be only just and proper that the District Educational Officer considers the proposal for approval of Ext.P2 appointment order and Ext.P4 representation and takes expeditious decision thereon in accordance with law.
The writ petition is accordingly disposed of directing the
3rd respondent-District Educational Officer to consider Ext.P4 and the proposal for approval of appointment made as per Ext.P2 and take appropriate decision thereon, in accordance with law, expeditiously taking into consideration the fact that the appointment was made more than one year ago. Orders in this regard shall be passed at the earliest and at any rate, within a period of four weeks.
Sd/-
N.NAGARESH JUDGE spk APPENDIX OF WP(C) 301/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE ORDER DATED
25.07.2024 ISSUED BY THE A.E.O.
Exhibit P2 A TRUE COPY OF THE GOVERNMENT ORDER DATED 25.6.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P3 A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 22.11.2023 ISSUED BY THE MANAGER Exhibit P4 A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE MANAGER BEFORE THIS
3RD RESPONDENT
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