Judgement 9

Page 1/9
IN THE KERALA ADMINISTRATIVE TRIBUNAL AT

THIRUVANANTHAPURAM
(CAMP SITTING, ERNAKULAM)
Present:
The Hon'ble Mr. Benny Gervacis, Member
Dated this the 12th of March 2O19
OA[EKM]-48/2O19
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Applicant(s):
Amathunoora.T, aged 28 years, D/o.Ibrahim Thorappa.,,Thorappa House,

Mattaparambil, Valluvambram.P.O, Pookkottur,Malappuram,Kerala -
673642
By Advs. ABDUL JAWAD K & GRANCY JOSE A
Respondent(s):
1) The State of Kerala, represented by its Secretary to Government,Social Welfare

Department, Government Secretariat, Thiruvananthapuram-695 001 , Kerala -0
2) The Director of Collegiate Education ,Directorate of Collegiate Education,

Vikas Bhavan,Thiruvananthapuram, Kerala -695033
3) The Kerala Public Service Commission, represented by its Secretary ,Pattom,

Thiruvananthapuram - 695 004 , Kerala -0
4) The Secretary to Government,Higher Education Department, Government

Secretariat,Thiruvananthapuram, Kerala -695001
5) Achilles A.B, aged 39 years, S/o Bhaskaran,Anpathil (H), Vadakara (PO)

,Thalayolaprambu, Kottayam- 686605 ( is impleaded as per order dated
15/2/2019 in MA(E) 351/2019), Kerala -0
Sri.E.S Ashraf- Government Pleader for Respondents 1,2,3, Sri. C.A Majeed
for Learned Standing Counsel for KPSC for R4 and K.S Madhusoodhanan,M.M
Vinod Kumar, P.K Rakesh Kumar, K.S Mizver, S.Jessin and C.C Bindhya for
R5
This having been finally heard on 12th of March 2O19, the

Tribunal on the same day passed the following:
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BENNY GERVACIS, MEMBER

=========================================
OA[EKM]. NO. 48 OF 2019

==========================================
DATED THIS THE 12TH DAY OF MARCH 2019
ORDER
The applicant is a differently abled person who is suffering from
cerebral palsy with 50% disability as per Annexure A1 disability certificate.
The applicant, it is stated, is fully eligible and qualified for appointment as
Lecturer in Islamic History. It is the contention of the applicant that the 3%
quota available for disabled candidates has not been filled up by the third
respondent in accordance with the provisions of Persons with Disabilities
(Equal Opportunities , Protection of Rights and Full Participation) Act,
1995 and the provisions of the Rights of Persons with Disabilities Act,
2016. It is stated that as per the law laid down in various decisions of the
Hon'ble Supreme Court, the 3% quota for appointment of disabled
candidates has to be given effect to from 1996, i.e. from the date of
coming into force of the Act and the backlog vacancies have to be filled up
in accordance with the provisions. It is submitted that as per the orders in
existence, the roster turns of 1,34,67 in a cycle of 100 vacancies have to
be filled up with differently abled candidates and that the respondents
have not taken any steps to fill up the vacancies of Lecturer/Assistant
Professor in Islamic History in accordance with the relevant provisions of

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the 1995 Act or the provisions of the Rights of Persons with Disabilities
Act, 2016. It is aggrieved by the non filling up of the 3% backlog vacancies
of Lecturer/Assistant Professor in Islamic History that the applicant is
before this Tribunal.
2. During the pendency of the Original Application, the applicant
preferred Annexure MA2 representation, produced along with M.A.(Ekm)
No. 545 of 2019, before the second respondent for conducting a special
recruitment for filling up the backlog vacancies available to the differently
abled candidates under the relevant statutes. Learned counsel for the
applicant seeks a direction to the second respondent to consider and pass
appropriate orders thereon.
3. The additional 5th respondent has impleaded himself in the
Original Application. It is stated that the additional 5th respondent is a
person included in the ranked list published with effect from 29.3.2017 for
the post of Lecturer/Assistant Professor in Islamic History and he
apprehends that orders that may be issued would prejudicially affect him.
It is noted that the applicant is not a person included in the ranked list, nor
does she seeks a direction which is adverse to the interests of the
additional 5th respondent.
In view of the above, the Original Application is disposed of directing
the second respondent to consider and pass appropriate orders on
Annexure MA2 representation within a period of two months from the date
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of receipt of a copy of this order.
Sd/-
BENNY GERVACIS, MEMBER
sp/
Deputy Registrar (Judicial)

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APPENDIX
OA[EKM]-48/2O19
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APPLICANT'S ANNEXURES:
True copy of the standing Disability Assessment Board

Annexure A1- Certificate dated 7/10/2004, Issued by the District Medical
Board, Malappuram.
True copy of the B.A Islamic History Degree certificate from

Annexure A2-
the University of Calicut.
Annexure A3- True copy of the MA Degree certificate in Islamic History.
True copy of the M.Phil in Islamic History issued by the

Annexure A4-
University of Kerala.
True copy of the Certificate of NET qualification issued by

Annexure A5-
U.G.C.
True copy of the JRF award letter dated 15/7/2016 issued by

Annexure A6-
the U.G.C.
True copy of the G.O (P) No.40/2011 SWD, dated

Annexure A7-
26/08/2011.
Annexure A8- True copy of the G.O (P) No.8/17/SWD dated 6/5/2017.
True copy of the application dated 10/9/2018, under the RTI,

Annexure A9-
Act, submitted by the applicant, before the 4th respondent.
True copy of the reply dated 24/10/2018 issued under RTI

Annexure A10-
Act, to the applicant by the 4th respondent .
True copy of the respresentation dated 10/8/2018, submitted

Annexure A11-
by the applicant before the 4th respondent.
True copy of the representation dated 17/9/2018 submitted by

Annexure A12-
the applicant before the 4th Respondent.
True copy of the reply of the 4th respondent , dated

Annexure A13-
21/11/2018.
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True copy of the G.O (MS) No.203/2018/H.E.D , dated

Annexure A14-
18/8/2018.
Annexure True copy of the G.O (M.S) No. 4/2019/H.Ed, dated

MA1- 16/01/2019 (as per in M.A. (EKM) No. 545/2019).
Annexure True copy of the representation dated 22/02/2019 submitted

MA2- by the applicant (as per in M.A. (EKM) No. 545/2019).
Annexure True copy of the postal receipt (as per in M.A. (EKM) No.
MA3- 545/2019).

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Page 1/9

IN THE KERALA ADMINISTRATIVE TRIBUNAL AT

The Hon'ble Mr. Benny Gervacis, Member

Dated this the 12th of March 2O19

Amathunoora.T, aged 28 years, D/o.Ibrahim Thorappa.,,Thorappa House,

By Advs. ABDUL JAWAD K & GRANCY JOSE A

1) The State of Kerala, represented by its Secretary to Government,Social Welfare

2) The Director of Collegiate Education ,Directorate of Collegiate Education,

3) The Kerala Public Service Commission, represented by its Secretary ,Pattom,

4) The Secretary to Government,Higher Education Department, Government

5) Achilles A.B, aged 39 years, S/o Bhaskaran,Anpathil (H), Vadakara (PO)

This having been finally heard on 12th of March 2O19, the

BENNY GERVACIS, MEMBER

OA[EKM]. NO. 48 OF 2019

DATED THIS THE 12TH DAY OF MARCH 2019

The applicant is a differently abled person who is suffering from

cerebral palsy with 50% disability as per Annexure A1 disability certificate.

The applicant, it is stated, is fully eligible and qualified for appointment as

Lecturer in Islamic History. It is the contention of the applicant that the 3%

respondent in accordance with the provisions of Persons with Disabilities

(Equal Opportunities , Protection of Rights and Full Participation) Act,

Hon'ble Supreme Court, the 3% quota for appointment of disabled

in accordance with the provisions. It is submitted that as per the orders in

existence, the roster turns of 1,34,67 in a cycle of 100 vacancies have to

be filled up with differently abled candidates and that the respondents

have not taken any steps to fill up the vacancies of Lecturer/Assistant

Professor in Islamic History in accordance with the relevant provisions of

Act, 2016. It is aggrieved by the non filling up of the 3% backlog vacancies

of Lecturer/Assistant Professor in Islamic History that the applicant is

before this Tribunal.

2. During the pendency of the Original Application, the applicant

preferred Annexure MA2 representation, produced along with M.A.(Ekm)

recruitment for filling up the backlog vacancies available to the differently

applicant seeks a direction to the second respondent to consider and pass

appropriate orders thereon.

3. The additional 5th respondent has impleaded himself in the

Original Application. It is stated that the additional 5th respondent is a

the post of Lecturer/Assistant Professor in Islamic History and he

does she seeks a direction which is adverse to the interests of the

additional 5th respondent.

In view of the above, the Original Application is disposed of directing

the second respondent to consider and pass appropriate orders on

of receipt of a copy of this order.

BENNY GERVACIS, MEMBER

Deputy Registrar (Judicial)

True copy of the standing Disability Assessment Board

True copy of the B.A Islamic History Degree certificate from

Annexure A3- True copy of the MA Degree certificate in Islamic History.

True copy of the M.Phil in Islamic History issued by the

True copy of the Certificate of NET qualification issued by

True copy of the JRF award letter dated 15/7/2016 issued by

True copy of the G.O (P) No.40/2011 SWD, dated

True copy of the application dated 10/9/2018, under the RTI,

True copy of the reply dated 24/10/2018 issued under RTI

True copy of the respresentation dated 10/8/2018, submitted

True copy of the representation dated 17/9/2018 submitted by

True copy of the reply of the 4th respondent , dated

True copy of the G.O (MS) No.203/2018/H.E.D , dated

Annexure True copy of the G.O (M.S) No. 4/2019/H.Ed, dated