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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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