Disposed

Nair Service Society v. the State of Kerala

Kerala HC3 Jan 2022WP(C)/29695/2021

Case brief

AI extract

What is this about?

Petitioner challenged a government order making disability reservation for private aided educational institutions applicable to them. Petitioner sought direction to consider their representation regarding difficulties in applying repealed and new acts. Court directed the relevant respondent to consider the representation after hearing. Pending disposal of reservation calculation issues.

What did the court decide?

Directed the 2nd respondent to consider the petitioner’s representation submitted under Exhibit P5 within three months after giving an opportunity of hearing to the petitioner.

Nair Service Society Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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 N.NAGARESH

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MONDAY, THE 3^RD DAY OF JANUARY 2022/13TH POUSHA, 1943 WP(C) NO. 29695 OF 2021

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PETITIONER:

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NAIR SERVICE SOCIETY, REPRESENTED BY ITS GENERAL SECRETARY, G.SUKUMARAN NAIR, N.S.S.HEAD OFFICE, PERUNNA, CHANGANASSERY P.O., KOTTAYAM - 686 101.

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BY ADVS. R.T.PRADEEP V.VIJULAL M.BINDUDAS K.C.HARISH

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 SPECIAL SECRETARY, SOCIAL JUSTICE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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4 PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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BY SRI.APPU P.S., G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.29695/2021

JUDGMENT

Dated this the 3^rd day of January, 2022

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The petitioner is before this Court seeking to direct the respondents to take a decision on Ext.P5 within such time fixed by this Court which shall not be more than ten days.

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The Nair Service Society is the petitioner. The petitioner is challenging Ext.P1 Government Order wherein, the reservation contemplated for Physically Disabled Persons under Act 1 of 1996 and Act 49 of 2016 is made applicable to Private Aided Educational Institutions.

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The petitioner has a case that the Act will not apply to the petitioner's Society. The Apex Court on being convinced of the impossibility to work out backlog vacancies under the repealed Act since 07.02.1996 onwards after the

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latter Act coming into force repealing the earlier one, had permitted the petitioner to move the Government seeking to

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WP(C)No.29695/2021

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eschew from the insistence to fill up backlog vacancies under the repealed former Act.

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The petitioner accordingly submitted

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representations before the Government enumerating the impossibilities to comply with reservation on backlog vacancies under the repealed Act after the latter Act being brought into force after lapse of more than two decades. However, to the surprise of the petitioner, the Government has not taken any decision. The petitioner therefore seeks to direct the Government to take a decision on Ext.P5 representation.

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The contention of the petitioner is that the identification of posts with reference to the disability under the former Act and identification of post with reference bench mark disability under the latter Act, are totally distinct and different. The identification of posts with reference to the disability under the former Act cannot be operated after

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its repeal. The petitioner would point out that this will give rise to the anomaly of identification of post with reference to the Disability for those entitled for the vacancies under the repealed Act and identification of post with reference to the bench mark disability for those entitled for the vacancies under the latter Act.

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The petitioner further pointed out that if the percentage of reservation being worked out on the appointments made by the Private Aided Educational Institutions, and on being implemented in the future vacancies arisen, that will upset the quantum of reservation provided under law and also affect the efficiency of service. This Court is of the view that these are matters to be considered by the 2^nd respondent, at least at the first instance. Interest of justice demands that the 2^nd respondent is directed to consider Ext.P5 representation submitted by the petitioner.

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In the circumstances, the writ petition is disposed of

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directing the 2^nd respondent to consider Ext.P5

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representation submitted by the petitioner within a period of three months after giving an opportunity of hearing to the

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petitioner.

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Sd/- N. NAGARESH JUDGE

ncd/03.01.2022

APPENDIX OF WP(C) 29695/2021

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF G.O.(P) NO.18/2018/SJD DATED 18/11/2018 MAKING APPLICABLE THE LATER ACT AND FORMER ACT TO PRIVATE AIDED EDUCATIONAL INSTITUTIONS. Exhibit P2 TRUE COPY OF JUDGMENT DATED 26/8/2020 IN WP(C) NO.2800/2019. Exhibit P3 TRUE COPY OF JUDGMENT DATED 4/2/2021 IN W.A.NO.1238/2020. Exhibit P4 TRUE COPY OF ORDER DATED 5/7/2021 IN SLP(C) OF THE HON'BLE SUPREME COURT OF INDIA AS AGAINST EXHIBIT P3. Exhibit P5 TRUE COPY OF REPRESENTATION 12/7/2021 BY PETITIONER BEFORE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF G.O.(P)NO.19/2021/G.EDN. DATED 8/11/2021.

Nair Service Society v. the State of Kerala

Case brief

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What did the court decide?

Nair Service Society v. the State of Kerala

Case brief

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