IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 10^TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 9570 OF 2025 PETITIONERS:

1 THE MANAGER, ST ALOYSIUS COLLEGE, EDATHUA, ALAPPUZHA, PIN - 689573

2 THE PRINCIPAL, ST ALOYSIUS COLLEGE, EDATHUA, ALAPPUZHA, PIN - 689573 BY ADVS.

GEORGE JACOB (JOSE)

ROSHAN JACOB MUNDACKAL RESPONDENTS:

1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF COLLEGIATE EDUCATION, 6 TH FLOOR, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033

3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION NEAR NATTAKOM GOVERNMENT COLLEGE, NATTAKOM.P.O,KOTTAYAM, PIN - 686013

4 MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM, REPRESENTED BY ITS REGISTRAR., PIN - 686560 BY ADV.

SRI.SURIN GEORGE IPE, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 10^th day of April, 2025 The petitioners are the Manager and Principal of St.Aloysius College, Edathua, affiliated to the Mahatma Gandhi University. The College is a Minority Educational Institution as declared by the National Commission for Minority Educational Institutions. Ext.P1 and P2 is the Direct Payment Agreement dated 07.10.1972 executed with the State Government incorporating the terms and conditions of Appointment of Staff including Teachers, among others.

2. The writ petition is filed by the petitioners seeking for appropriate orders to conduct selection proceedings to appoint an eligible Person with Disabilities as Assistant Professor in the Department of Commerce in the College against one post remaining vacant, after getting concurrence from the State government.

3. The State government had issued Ext.P3 directing the 2^nd respondent to revise staff pattern by merging the workload of Part-Time Law Lecturer with that of the Commerce Department. Consequently, the College became entitled to have seven posts of Teachers in Commerce. In the meanwhile, the backlog of vacancies to be reserved for Persons with Disabilities had been computed by the University as two by Ext.P4. The management had resolved to reserve and fill up the

7 post from Persons with Disabilities.

4. Various communications had been addressed by the petitioners to the respondents to enable the College to conduct selection proceedings in terms of the statutory prescriptions which were futile. The University had refused to forward the requisite report of workload and recommendation to fill up the vacancy of Teacher in Commerce to the State Government for concurrence, for the reason that the appointments made earlier against three vacancies in Commerce were pending consideration before this Court. In the meanwhile, the three appointments made in the Department of Commerce had been declared as valid with consequential directions by this Court by Ext.P13 Judgment.

5. The 1^st petitioner had submitted Ext.P14 petition to the University for urgent action to enable the College to fill up the vacancy in the Department of Commerce from Persons with Disabilities as resolved by the Governing Body of the College so that the other available vacancies also could be filled up by resorting to selection proceedings. However, the University has not so far forwarded the report of workload and recommendation to enable the College to fill up the vacancy of Teacher in Commerce to the State government for issuing Concurrence. The petitioners have filed the writ petition to enable them to constitute Selection Committee, conduct selection proceedings and appoint a Person with Disability against the reserved post.

6. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

7. The petitioner would submit that the seventh vacancy in the Department of Commerce in the College was sanctioned by the state Government by Ext.P3 communica