Dismissed

Travancore Devaswom Board, v. R. Kishor

Kerala HC10 Sept 2021WA/1152/2021

Case brief

AI extract

What is this about?

This writ appeal challenges an interim order halting the Travancore Devaswom Board's recruitment process for a disabled petitioner. The High Court held the Single Judge correct in preventing appointments due to alleged violations of disability reservation laws and provided directives.

What did the court decide?

The writ appeal is dismissed and the matter is relegated to the learned Single Judge.

Travancore Devaswom Board, Vs R. Kishor — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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FRIDAY, THE 10^TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943

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WA NO. 1152 OF 2021

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AGAINST THE ORDER IN WP(C) 3364/2021 OF HIGH COURT OF

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KERALA, ERNAKULAM

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APPELLANTS/RESPONDENTS 1 TO 3 IN WP(C):

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1 TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM-695 003, REPRESENTED BY ITS SECRETARY.

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2 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM-695 003,

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3 SPECIAL OFFICER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM-695 003,

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BY ADV G.BIJU

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RESPONDENTS/PETITIONER & RESPONDENTS 4 TO 7 IN WP(C):

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1 R. KISHOR, AGED 40, S/O RAVEENDRAN, PULARI, KUDAVATTOOR (PO) KOTTARAKKARA,KOLLAM, PIN-691 509.

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2 COMMISSIONER, STATE COMMISSIONERATE FOR PERSONS WITH DISABILITIES, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010

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3 DIRECTOR OF COLLEGIATE EDUCATION DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT ANNEX, THIRUVANANHTAPURAMA-695 001.

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4 UNIVERSITY OF KERALA, REPRESENTED BY THE VICE CHANCELLOR,

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W.A.No. 1152 of 2021

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PALAYAM P.O., THIRUVANANTHAPURAM-695 001.

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5 MAHATMA GANDHI UNIVERSITY REPRESENTED BY THE VICE CHANCELLOR, M.G.UNIVERSITY, KOTTAYAM-686 560.

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OTHER PRESENT:

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SR GP : A.J VARGHESE, SC : THOMAS ABRAHAM

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No. 1152 of 2021

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A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ

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W.A.No. 1152 of 2021

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Dated this the 10^th day of September, 2021

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JUDGMENT

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A.K.Jayasankaran Nambiar, J.

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The Travancore Devaswom Board and its officers are the appellants before us, aggrieved by the interim order dated 12.08.02021 in WP(C)No.3364 of 2021. The writ petitioner is working as Assistant Professor at the University of Calicut on contract basis, and suffers from 75% benchmark disability of vision. He impugned Ext.P3 notification issued by the Travancore Devaswom Board for recruitment to the post of Assistant Professors in colleges affiliated to the University of Kerala and the Mahatma Gandhi University. The notification was impugned to the extent it had not provided for the reservations as contemplated under the Rights of Persons with Disabilities Act, 2016. By an interim order dated 16.02.2021, the learned Single Judge, while admitting the writ petition, took note of the contentions of the petitioner and directed the Board to proceed with the recruitment notified by it only in terms of Ext.P2 Government Order that contemplated

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W.A.No. 1152 of 2021

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reservation in identified posts as mandated under the Rights of Persons with Disabilities Act, 2016. The writ petitioner's application, which was stated to be accompanied by his disability certificate was also directed to be considered by the Board, in accordance with law.

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It would appear that while the Board proceeded with the consideration of the writ petitioner's application on the basis of the interim direction, it continued to make appointments disregarding the Government Order and the provisions of the Rights of Persons with Disabilities Act, 2016. Taking note of this, when the writ petition came up for further orders on 12.08.2021, another Single Judge directed the Board to refrain from continuing with the selection process, and made it clear that the selections already made pursuant to the notification would be subject to the result of the writ petition.

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In the appeal before us the Board is aggrieved by the direction in the impugned interim order of the learned Single Judge that prevents the Board from making further appointments pursuant to the selection process now notified.

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W.A.No. 1152 of 2021

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We have heard Sri.Biju.G, the learned counsel for the

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appellant as also the learned counsel appearing for the respondents.

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On a consideration of the rival submissions, and on a perusal of the interim orders passed in the writ petition, including the one that is impugned in this writ appeal, we are of the view that the learned Single Judge was correct in law to prevent further appointments during the pendency of the writ petition especially when there was a prima facie finding that the action of the appellant-Board, in proceeding with the selection, was in violation of the provisions of the Rights of Persons with Disabilities Act, 2016, as also the Government Order dated 15.02.2021.

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Taking note of the submission of the learned counsel for the appellant-Board that the provisions of the Government Order and the statute referred above will be complied with while making future appointments, we relegate the matter to the learned Single Judge so that the writ petition can be proceeded with after the appellants herein produce the details with regard to backlog

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W.A.No. 1152 of 2021

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vacancies to be filled by following the reservation principles, before the learned single judge in the writ petition.

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The writ appeal is thus dismissed, and the matter is relegated to the learned Single Judge for consideration of the writ petition.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR,

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JUDGE

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Sd/-

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MOHAMMED NIAS C.P., JUDGE

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dlk 9.9.2021

Travancore Devaswom Board, v. R. Kishor

Case brief

What is this about?

What did the court decide?

Travancore Devaswom Board, v. R. Kishor

Case brief

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What did the court decide?

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