Kerala High Court
Tony Thomas vs State Of Kerala on 21 February, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:14691
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946
WP(C) NO. 39956 OF 2023
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 COMMISSIONER FOR PERSONS WITH DISABILITIES,
ANJANEYA, T.C. 9/1023, GROUND FLOOR, SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010
2 MAHATMA GANDHI UNIVERSITY
PRIYADARSHINI HILLS, KOTTAYAM.
REPRESENTED BY ITS REGISTRAR, PIN - 686560
3 THE DIRECTOR OF COLLEGIATE EDUCATION
6 TH FLOOR, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, PIN - 695033
4 THE STATE OF KERALA
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2025:KER:14691
W.P.(C) No.39956/2023 & connected cases
:2:
5 TONY THOMAS,
S/O THOMAS FRANCIS, VELUTHEDATHUPARAMBU,
CHEKKIDIKADU P.O., PACHA, EDATHUA ,
ALAPPUZHA DISTRICT, PIN - 689573
6 LIPSON LONAPPAN
S/O LONAPPAN THOMAS, THELLIYIL,
CHANGANKARY P.O., EDATHUA ,
ALAPPUZHA DISTRICT, PIN - 689573
7 MANOJ XAVIER,
S/O XAVIER ANTONY, KOCHUPARAMBU,
MAMPUZHAKKARY, RAMANKARY P.O.,
ALAPPUZHA DISTRICT, PIN - 689595
8 SMT. SHEEJA THOMAS
PATHARUMCHIRA, THRIKODITHANAM P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT,
PIN - 686105
BY ADVS.
ARUN THOMAS
A.P.JAYARAJ (ANJILIKKAL)
SANTHOSH MATHEW(K/1376/1995)
KARTHIKA MARIA(K/001293/2016)
ANIL SEBASTIAN PULICKEL(K/000278/2018)
SHINTO MATHEW ABRAHAM(K/977/2018)
ABI BENNY AREECKAL(K/001482/2019)
MATHEW NEVIN THOMAS(K/000936/2019)
KARTHIK RAJAGOPAL(K/1450/2019)
KURIAN ANTONY MATHEW(K/1812/2020)
JOE S. ADHIKARAM(K/000838/2020)
P.K.NANDINI(K/229/1991)
JUBYRAJ.A.P(J-748)
JISHAMOL CLEETUS(J-637)
SRI. SURIN GEORGE IPE, SC
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.02.2025, ALONG WITH WP(C).5446/2024 & 40124/2023,
THE COURT ON 21.02.2025 DELIVERED THE FOLLOWING:
2025:KER:14691
W.P.(C) No.39956/2023 & connected cases
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF FEBRUARY 2025/2ND PHALGUNA, 1946
WP(C) NO. 40124 OF 2023
PETITIONERS:
1 TONY THOMAS
AGED 30 YEARS
S/O. THOMAS FRANCIS,
VELUTHEDATHUPARAMBU HOUSE,
MARIYAPURAM,
CHEKKIDIKADU P.O.,
PACHA, EDATHUA,
ALAPPUZHA DISTRICT,
PIN - 689573
2 LIPSON LONAPPAN
AGED 32 YEARS
S/O. LONAPPAN THOMAS,
THELLIYIL HOUSE,
CHANGANKARY P.O.,
EDATHUA,
ALAPPUZHA DISTRICT,
PIN - 689573
3 MANOJ XAVIER
AGED 39 YEARS
S/O. XAVIER ANTONY,
KOCHUPARAMBU HOUSE,
MAMPUZHAKKARY,
RAMANKARY P.O.,
ALAPPUZHA, PIN - 689595
2025:KER:14691
W.P.(C) No.39956/2023 & connected cases
:4:
BY ADVS.
ARUN THOMAS
SANTHOSH MATHEW
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
SHINTO MATHEW ABRAHAM
ABI BENNY AREECKAL
MATHEW NEVIN THOMAS
KARTHIK RAJAGOPAL
KURIAN ANTONY MATHEW
JOE S. ADHIKARAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 MAHATMA GANDHI UNIVERSITY
PRIYADARSHINI HILLS, KOTTAYAM,
REPRESENTED BY ITS REGISTRAR,
PIN - 686560
3 THE REGISTRAR
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS,
KOTTAYAM, PIN - 686560
4 THE STATE COMMISSIONER OF PERSONS WITH
DISABILITIES
GOVERNMENT OF KERALA, 1ST FLOOR,
GOVT. VTC BUILDING,
SOCIAL WELFARE INSTITUTION COMPLEX,
THIRUVANANTHAPURAM, PIN - 695012
5 ST ALOYSIUS COLLEGE
EDATHUA, ALAPPUZHA DISTRICT,
REPRESENTED BY ITS MANAGER,
PIN - 689573
2025:KER:14691
W.P.(C) No.39956/2023 & connected cases
:5:
6 THE PRINCIPAL
ST. ALOYSIUS COLLEGE, EDATHUA,
ALAPPUZHA DISTRICT, PIN - 689573
7 SMT. SHEEJA THOMAS
PATHARAMCHIRA, THRICKODITHANAM P.O.,
CHANGANASSERY, KOTTAYAM, PIN - 686105
ADDL.8 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOTTAYAM, NEAR NATTAKOM GOVERNMENT COLLEGE,
NATTAKOM P.O., KOTTAYAM, PIN - 686 013.
ADDL.9 THE DIRECTOR OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN PO
THIRUVANANTHAPURAM, PIN - 695 033.
(ADDITIONAL RESPONDENTS 8 AND 9 ARE IMPLEADED AS
PER ORDER DATED 21.02.2025 IN IA. NO.1/2025)
BY ADVS.
GEORGE JACOB (JOSE)
A.P.JAYARAJ (ANJILIKKAL)
ROSHAN JACOB MUNDACKAL(K/000794/2017)
P.K.NANDINI(K/229/1991)
JUBYRAJ.A.P(J-748)
JISHAMOL CLEETUS(J-637)
SRI. SURIN GEORGE IPE, SC
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 17.02.2025, ALONG WITH WP(C).39956/2023 AND CONNECTED
CASES, THE COURT ON 21.02.2025 DELIVERED THE FOLLOWING:
2025:KER:14691
W.P.(C) No.39956/2023 & connected cases
:6:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 21ST DAY OF FEBRUARY 2025/2ND PHALGUNA, 1946
WP(C) NO. 5446 OF 2024
PETITIONER/S:
SHEEJA THOMAS
AGED 42 YEARS
PATHARAMCHIRA, THRIKKODITHANAM PO,
CHANGANASERRY, KOTTAYAM, PIN - 686105
BY ADVS.
P.K.NANDINI
A.P.JAYARAJ
JUBYRAJ.A.P
JISHAMOL CLEETUS
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY
HIGHER EDUCATION DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN P.O.
THIRUVANATHAPURAM, PIN - 695033
3 THE REGISTRAR
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS,
KOTTAYAM, PIN - 686560
4 THE MANAGER
ST. ALOYSIUS COLLEGE, EDATHUA
ALAPPUZHA, PIN - 689573
2025:KER:14691
W.P.(C) No.39956/2023 & connected cases
:7:
5 TONY THOMAS
S/O.THOMAS FRANCIS
VELUTHEDATHUPARAMBU, CHEKKIDIKADU P.O,
PACHA, EDATHUA, ALAPPUZHA, PIN - 689573
6 LIPSON LONAPPAN
S/O. LONAPPAN THOMAS
THELLIYIL HOUSE, CHANGANKARY P.O,
EDATHUA, ALAPPUZHA, PIN - 689573
7 MANOJ XAVIER
S/O.XAVIER ANTONY
KOCHUPARAMBU HOUSE, MAMPUZHAKARY
RAMANKARY P.O, ALAPPUZHA, PIN - 689595
BY ADVS.
GEORGE JACOB (JOSE)
SANTHOSH MATHEW
ARUN THOMAS(K/844/2007)
KARTHIKA MARIA(K/001293/2016)
ANIL SEBASTIAN PULICKEL(K/000278/2018)
SHINTO MATHEW ABRAHAM(K/977/2018)
LEAH RACHEL NINAN(K/002325/2019)
KURIAN ANTONY MATHEW(K/1812/2020)
JOE S. ADHIKARAM(K/000838/2020)
MATHEW NEVIN THOMAS(K/000936/2019)
ROSHAN JACOB MUNDACKAL(K/000794/2017)
SRI. SURIN GEORGE IPE, SC
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.02.2025, ALONG WITH WP(C).39956/2023 AND
CONNECTED CASES, THE COURT ON 21.02.2025 DELIVERED THE
FOLLOWING:
2025:KER:14691
W.P.(C) No.39956/2023 & connected cases
:8:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.39956 and 40124 of 2023
and 5446 of 2024
`````````````````````````````````````````````````````````````
Dated this the 21st th day of February, 2025
JUDGMENT
~~~~~~~~~ The petitioners in W.P.(C) No.39956/2023 are the Manager and the Principal of St. Aloysius College, Edathua, Alappuzha. The petitioners state that three vacancies of Assistant Professors in Commerce arose in the College during 2016-2018. The vacancies remained unfilled for want of concurrence from the State Government. In the year 2020, the State Government issued Ext.P3 order nominating Government representatives in the Selection Committee. The petitioners published advertisement for selection and appointment as per Ext.P4 notification on 14.12.2020. After due selection process, respondents 5 to 7 were appointed as 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases :9: Assistant Professors as per Exts.P6 to P8. Respondents 5 to 7 joined duty as Assistant Professors (Commerce) on 22.02.2021.
2. The 8th respondent, who is a person with disability and who was an applicant for selection and appointment to the post of Assistant Professor in Commerce, filed a complaint dated 19.02.2021 before the 1st respondent-State Commissioner for Persons with Disabilities. The 1st respondent issued notice to the 1 st petitioner which was promptly responded to. However, the 1 st respondent passed Ext.P16 order dated 31.07.2023 interfering with the appointment granted to respondents 5 to 7.
3. The 1st respondent held that the complainant before the 1st respondent is entitled to be appointed as Assistant Professor under the disability reservation. The 1 st respondent passed an order to the effect that no appointment including the appointment of respondents 5 to 7 should be approved by the University. The petitioners state that the 1 st 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 10 : respondent has exceeded his authority in passing Ext.P16 order. Ext.P16 is in excess of the powers of the 1 st respondent as laid down by this Court in various precedents.
4. The petitioners state that they had made provision for appointment of differently-abled candidates. The appointment of respondents 5 to 7 was against community quota. The 8th respondent is not justified in applying for the post and participating in the selection process and after finding that she is not selected for appointment, challenging the same before this Court.
5. W.P.(C) No.40124/2023 has been filed by respondents 5 to 7 in W.P.(C) No.39956/2023. Respondents 5 to 7 are the candidates who were selected and appointed as Assistant Professors (Commerce). Respondents 5 to 7 also challenge the order passed by the State Commissioner for Persons with Disabilities and seek to direct respondents 2 and 3 to approve the appointment of respondents 5 to 7.
2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 11 :
6. W.P.(C) No.5446/2024 has been filed by the 8 th respondent who is the complainant before the State Commissioner for Persons with Disabilities. The 8 th respondent argued that she is a person with locomotor disability. The 8th respondent has a right to get appointment as Assistant Professor (Commerce) against posts reserved for persons with disability, in view of the Persons with Disabilities Act, 1995. Under the Rights of Persons with Disabilities Act, 2016 also, the 8th respondent has a legal right.
7. The 8th respondent contended that the Management of the Aided College ought to have made reservations to persons with disabilities in all appointments made since 07.02.1996 which was not done. The 8 th respondent relied on the judgment of this Court in K.J. Varghese v. State of Kerala (W.P.(C) No.19808/2021) and argued that when there is a conflict between equity and law, it is the law which should prevail. The persons who are suffering from disabilities cannot be made to suffer even 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 12 : further due to the waggeries of men.
8. The 8th respondent further relied on the judgment of the Apex Court in Justice Sunanda Bhandare Foundation v. Union of India and another [(2014) 14 SCC 383] and argued that the Disabilities Act has to be implemented in letter and spirit by the authorities, if it is not implemented so far.
9. Employment is a key factor in the empowerment inclusion of people with disabilities. The disabled people are out of job not because their disability comes in the way of their functioning. It is social and practical barriers that prevent them from joining the workforce, contended the 8 th respondent placing reliance on the judgment of the Apex Court in Union of India and another v. National Federation of the Blind and others [(2013) 10 SCC 772], urged the 8th respondent.
10. I have heard the learned counsel for the petitioners in all the three writ petitions, the learned Standing Counsel appearing for the Mahatma Gandhi University and the learned Government Pleader representing the State of Kerala and the 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 13 : Director of Collegiate Education. The parties and exhibits in these writ petitions are referred to as they are appearing in W.P.(C) No.39956/2023, for convenience.
11. The petitioners sought for concurrence from the State Government to fill up three vacancies of Assistant Professors in Commerce, resorting to selection proceedings in accordance with the UGC Regulations and University Statutes. The Government issued Ext.P3 letter dated 09.10.2020 nominating the Government representative. In Ext.P3, the Government directed that the Management shall issue recruitment notification as directed in GO dated 26.01.2019.
12. Ext.P4 is the Notification published pursuant to Ext.P3. It is to be noted that Ext.P4 Notification did not provide for reservation to the persons with disability. The petitioners filled up the post by selecting and appointing respondents 5 to 7. Respondents 5 to 7 joined duty as Assistant Professors in Commerce on 22.02.2021.
2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 14 :
13. The 8th respondent, who has 50% locomotor disability and who has also participated in the selection proceedings, filed Ext.P12 complaint before the State Commissioner for Persons with Disabilities. The 8 th respondent requested to ensure that persons with disability are given due appointment in the matter of appointment of Assistant Professors in Commerce.
14. The petitioners filed Ext.P13 objection dated 19.04.2023. The petitioners submitted before the State Commissioner that the petitioners are following the mandate prescribed by the State to protect the interest of physically handicapped persons on appointments. The College had made notification for the posts of Assistant Professors in Physics and Chemistry on 02.02.2022 strictly based on the disabilities reservation laws and relevant Government Orders. The petitioners produced the Notifications in this regard published in the University News Weekly. The petitioners further submitted that presently there is a workload of 17 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 15 : hours remaining in the Commerce Department and the College has decided that the new post should be reserved for physically disabled candidates.
15. The 1st respondent-State Commissioner passed Ext.P16 order holding that reservation under Section 34 of the Rights of Persons with Disabilities Act, 2016 is squarely applicable and therefore the 8th respondent is entitled to get appointment as Assistant Professor in Commerce under the disability quota. The State Commissioner consequently gave the following directions:
(1) No appointment, including that of the said Tony Thomas & 2 other, made by the Manager of the 1st respondent College, shall be approved by the 2nd respondent Mahatma Gandhi University, without complying with the disability reservation as per law in the establishment of the 1st respondent college by giving appointment to the petitioner Sheeja Thomas in the Commerce Department as Asst. Professor.
(2) If an officer under the 2nd respondent University acts against the recommendatory order (1) supra, it will be treated as offence u/s.89 of the RPwD Act, 2016 and Criminal Prosecution Proceeding will be initiated.
2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 16 : Ext.P16 order of the State Commissioner is under challenge in W.P.(C) Nos.39956/2023 and 40124/2023.
16. As per Section 34 of the Rights of Persons with Disabilities Act, 2016, the petitioners are bound to appoint not less than 4% of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities. Locomotor disability suffered by the 8th respondent is listed in sub-clause (c) of Section 34(1).
17. The petitioners have notified the three vacancies of Assistant Professors in Commerce in Community merit as resolved by the governing body. From the pleadings in the writ petitions, it is seen that the petitioners had made notification for the posts of Assistant Professors in Physics and Chemistry on 02.02.2022 strictly based on the disabilities reservation laws and relevant Government Orders. As regards the posts of Assistant Professors in Commerce, the petitioners have stated that presently there is a workload of 17 hours remaining in the Commerce Department and that the 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 17 : College is preparing for a new post and it is decided that it should be reserved for physically disabled candidates as per law. The College had already made notification for the post of Office Attendants during the month of March, 2023 with reservation for persons with disability. Therefore, it is evident that the College has been making provisions for appointing persons with disabilities in the earmarked quota.
18. It is to be noted that the 8 th respondent had applied for appointment as Assistant Professor in Commerce pursuant to the Notification issued by the petitioners. The Notification did not provide for reservation to persons with disability. The 8th respondent did not challenge the Notification before the selection process. There is no challenge against the Notification in W.P.(C) No.5446/2024 either. The 8 th respondent participated in the selection proceedings and she was unsuccessful. After participating in the selection proceedings, knowing that the petitioners have not provided reservation to persons with disability in the Notification, the 8 th 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 18 : respondent cannot turn around and challenge the selection process when she became unsuccessful in the selection proceedings.
19. The State Commissioner for Persons with Disabilities has passed Ext.P16 ordering that no appointment including that of respondents 5 to 7 made by the 1 st petitioner shall be approved by the University without complying with the disability reservation giving appointment to the 8 th respondent. The Commissioner has further directed that if an officer of the University acts against the afore recommendation, it will be treated as an offence under Section 89 of the Rights of Persons with Disabilities Act, 2016.
20. This Court has considered the powers of the State Commissioner for Persons with Disabilities in the judgment in Kerala Public Service Commission, Thiruvananthapuram v. State Disability Commissioner, Thiruvananthapuram [2023 (3) KLT 566]. This Court, adverting to Sections 80 to 83, found that the State Commissioner for Persons with 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 19 : Disabilities has power only to advise and make recommendations to appropriate authorities. Ext.P16 order of the State Commissioner for Persons with Disabilities exceeds the powers of the Commissioner. Ext.P16 therefore cannot be legally sustained.
W.P.(C) Nos.39956/2023 and 40124/2023 are therefore allowed. Ext.P16 order in W.P.(C) No.39956/2023 (Ext.P14 order in W.P.(C) No.40124/2023) is set aside. W.P. (C) No.5446/2024 is dismissed. There will be a consequential direction to the respondents to regularise the services of the petitioners in W.P.(C) No.40124/2023 and disburse the arrears of pay and allowances.
Sd/-
N. NAGARESH, JUDGE aks/18.02.2025 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 20 : APPENDIX OF WP(C) 39956/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 30/5/2013 ISSUED BY THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS.
Exhibit P2 TRUE COPY OF THE DIRECT PAYMENT AGREEMENT DATED 7/10/1972 ENTERED INTO BETWEEN THE EDUCATIONAL AGENCY AND THE STATE GOVERNMENT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 9/10/2020 OF CONCURRENCE ISSUED BY THE STATE GOVERNMENT.
Exhibit P4 TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN THE UNIVERSITY NEWS DATED 14/12/2020 BY THE 1ST PETITIONER. Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 29/1/2021 OF THE UNIVERSITY FURNISHING THE PANEL OF TEACHERS FOR INCLUSION IN THE SELECTION COMMITTEES FOR THE DIFFERENT DEPARTMENTS NOTIFIED. Exhibit P6 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22/2/2021 OF THE 1ST PETITIONER ISSUED TO RESPONDENT NO. 5.
Exhibit P7 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22/2/2021 OF THE 1ST PETITIONER ISSUED TO RESPONDENT NO. 6.
Exhibit P8 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22/2/2021 OF THE 1ST PETITIONER ISSUED TO RESPONDENT NO. 7.
2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 21 : Exhibit P9 TRUE COPY OF THE G. O.( MS). NO.
96/2021/HEDN DATED 15/2/2021 ISSUED BY THE 4 TH RESPONDENT.
Exhibit P10 TRUE COPY OF THE G.O.( MS). NO.
242/2022/HEDN DATED 18/5/2022 ISSUED BY THE 4 TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE G.O.( MS). NO.
279/2022/HEDN DATED 5/6/2022 ISSUED BY THE 4 TH RESPONDENT.
Exhibit P12 TRUE COPY OF THE COMPLAINT OF THE 8 TH RESPONDENT RECEIVED BY THE 1 ST PETITIONER FROM THE OFFICE OF THE 1 ST RESPONDENT ON 19/02/2021.
Exhibit P13 TRUE COPY OF THE WRITTEN OBJECTIONS DATED 19/4/2023 FILED BY THE 1 ST PETITIONER BEFORE THE 1 ST RESPONDENT.
Exhibit P14 TRUE COPY OF THE
COMMUNICATION/CERTIFICATE DATED
5/11/2022 OF THE 2 ND RESPONDENT
ISSUED TO THE PETITIONERS COLLEGE. Exhibit P15 TRUE COPY OF THE ORDER DATED 28/2/2022 OF THE 1 ST RESPONDENT IN OP (RPWD ) NO. 2593/2021 FILED BY ONE DR. JOSHIN JOSEPH.
Exhibit P16 TRUE COPY OF THE ORDER DATED 31/7/2023 OF THE 1 ST RESPONDENT IN EXHIBIT P12 COMPLAINT SUBMITTED BY THE 8 TH RESPONDENT.
RESPONDENT'S EXHIBITS Exhibit R8(a) True copy of GO(P) No 18/2018/SJD dated 18-11-2018 issued by Social Justice Dept 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 22 : APPENDIX OF WP(C) 40124/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 5TH RESPONDENT DATED 14-12-2020 IN UNIVERSITY NEWS.
Exhibit P2 TRUE COPY OF THE DEGREE OF MASTER'S OF COMMERCE CERTIFICATE ISSUED BY THE M.G. UNIVERSITY TO THE 1ST PETITIONER DATED 16-11-2017 Exhibit P3 TRUE COPY OF THE DEGREE OF MASTER'S OF PHILOSOPHY ISSUED BY THE M.G. UNIVERSITY DATED 15-7-2020 IN FAVOUR OF 1ST PETITIONER. .
Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY GRANTS COMMISSION TO THE 1ST PETITIONER Exhibit P5 TRUE COPY OF THE DEGREE OF MASTER'S OF COMMERCE CERTIFICATE ISSUED BY THE MG UNIVERSITY DATED 22-8-2017 IN FAVOUR OF 2ND PETITIONER Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY GRANTS COMMISSION TO THE 2ND PETITIONER.
Exhibit P7 TRUE COPY OF THE DEGREE OF MASTER'S OF COMMERCE CERTIFICATE ISSUED BY THE MG UNIVERSITY DATED 1-11-2008 TO THE 3RD PETITIONER Exhibit P8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY GRANTS COMMISSION TO THE 3RD PETITIONER 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 23 : Exhibit P9 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER DATED 22-2-2021 .
Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER DATED 22-2-2021 Exhibit P11 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER DATED 22-2-2021 Exhibit P12 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 7TH RESPONDENT DATED 19-02-2021 Exhibit P13 TRUE COPY OF THE OBJECTION FILED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT DATED 19-03-2023 Exhibit P14 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DATED 31-7-2023 Exhibit P15 TRUE COPY OF THE GOVERNMENT ORDER VIDE NO. G.O (MS) NO.242/2022/HEDN DATED 18-05-2022 Exhibit P16 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 5TH RESPONDENT COLLEGE DATED 31-1-2022 Exhibit P17 TRUE COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT TO THE DIRECTOR OF COLLEGIATE EDUCATION DATED 25-5-2022 Exhibit P18 TRUE COPY OF THE GOVERNMENT ORDER VIDE NO. G.O (MS) NO. 279/2022/H.EDN DATED 5-6-2022 Exhibit P19 TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT IN OP (RPWD) NO.2593/S2/2021 DATED 28-02-2022.
2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 24 : RESPONDENT'S EXHIBITS Exhibit R7(a) True copy of order dated 18-11-2018 issued by Social Justice Dept Exhibit R7(b) True copy of Order No. GO(Ms)No.96/2021/HEDN dated 15-02-2021 PETITIONER'S EXHIBITS Exhibit P20 TRUE COPY OF THE APPROVAL ORDER NO.10414/AC B 1/2024/MGU DATED 18-11- 2024 OF THE 1ST PETITIONER Exhibit P21 TRUE COPY OF THE APPROVAL ORDER NO.10416/AC B 1/2024/MGU DATED 18-11- 2024 OF THE 2" PETITIONER Exhibit P22 TRUE COPY OF THE APPROVAL ORDER NO.10415/AC B 1/2024/MGU DATED 18-11- 2024 OF THE 3™ PETITIONER 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 25 : APPENDIX OF WP(C) 5446/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE DATED 12.2.2020 Exhibit P2 TRUE COPY OF CERTIFICATE OF MCOM.
ISSUED BY MAHATMA GANDHI UNIVERSITY DATED 23-04-2007 Exhibit P3 TRUE COPY OF CERTIFICATE OF BED.
ISSUED BY MAHATMA GANDHI UNIVERSITY DATED 18-02-2008 TO THE PETITIONER Exhibit P4 TRUE COPY OF CERTIFICATE OF M ED.
ISSUED BY MAHATMA GANDHI UNIVERSITY DATED 11-09-2012 TO THE PETITIONER Exhibit P5 TRUE COPY OF CERTIFICATE OF NET ISSUED BY NATIONAL TESTING AGENCY DATED 10- 12-2020 TO THE PETITIONER Exhibit P6 TRUE COPY OF CERTIFICATE OF SET ISSUED BY DIRECTORATE OF HIGHER SECONDARY EDUCATION DATED 30-11-2017 Exhibit P7 TRUE COPY OF ORDER DATED 18-11-2018 ISSUED BY SOCIAL JUSTICE DEPT Exhibit P8 TRUE COPY OF INTERVIEW LETTER DATED 08-02-2021 ISSUED BY THE PRINCIPAL, ST.ALOYSIUS COLLEGE, EDATHUA ALAPPUZHA Exhibit P9 TRUE COPY OF APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT Exhibit P10 TRUE COPY OF APPOINTMENT ORDER ISSUED BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT 2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 26 : Exhibit P11 TRUE COPY OF APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT TO THE 7TH RESPONDENT Exhibit P12 TRUE COPY OF ORDER NO.
GO(MS)NO.96/2021/HEDN DATED 15-02-2021 Exhibit P13 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE STATE COMMISSION DATED 19-02-2021 Exhibit 14 TRUE COPY OF THE ORDER GO(MS) NO.242/2022/HEDN DATED 18-05-2022 ISSUED BY THE 1ST RESPONDENT Exhibit P15 TRUE COPY OF ORDER DATED 31-07-2023 IN OP NO.815/S2/2021 ISSUED BY THE STATE COMMISSIONER Exhibit P16 TRUE COPY OF ORDER DATED 16-11-2023 BEARING NO. D4/41738/2023/DCE RESPONDENT'S EXHIBITS Exhibit R4-F True copy of the certificate dated 5/11/2022 issued by the University computing the backlog of vacancies in the College.
Exhibit R4-A True copy of the Direct Payment Agreement dated 7/10/1972 executed between the Educational Agency and the State Government Exhibit R4-B True copy of the order of concurrence dated 9/10/2020 issued by the State Government to the 4th respondent. Exhibit R4-C True copy of the advertisement published by the 4th respondent in the University News dated 14/12/2020.
2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 27 : Exhibit R4-D True copy of G.O.( Ms). No. 279/2022/HEDN dated 5/6/2022 issued by the State Government.
Exhibit R4-E True copy of written objections dated 19/4/2023 filed by R4 before the State Commissioner for Persons with Disabilities.
Exhibit R4-G True copy of the order dated 28/2/2022 of the State Commissioner in OP (RPWD) No. 2593/2021 filed by one Dr. Joshin Joseph.
Exhibit R5(a) True copy of the Notification issued by the 4th respondent dated 14-12-2020 in University news.
Exhibit R5(c) True copy of the Degree of Master's of
Philosophy issued by the M.G.
University dated 15-7-2020
Exhibit R5(e) True copy of the Degree of Master's of
Commerce Certificate issued by the MG University dated 22-8-2017 Exhibit R5(h) True copy of the Certificate issued by the University Grants Commission to the 7th respondent for clearing the National Eligibility Test dated 10-1- 2014 Exhibit R5(g) True copy of the Degree of Master's of Commerce Certificate issued by the MG University dated 1-11-2008 Exhibit R5(f) True copy of the Certificate issued by the University Grants Commission to the 6th respondent for clearing the National Eligibility Test dated 9.2.2017.
2025:KER:14691 W.P.(C) No.39956/2023 & connected cases : 28 : Exhibit R5(d) Copy of the Certificate issued by the University Grants Commission to the 5th respondent for clearing the National Eligibility Test dated 31-10- 2018 Exhibit R5(b) Copy of the Degree of Master's of Commerce Certificate issued by the M.G. University to the 5th respondent dated 16-11-2017