IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 34090 of 2009(E) -------------------------- PETITIONER(S): --------------- BABU.N.N., NADUMURI HOUSE, ERIYAD P.O., KODUNGALLUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S. RAJESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, SCHOOL FOR DEAF, KUNNAMKULAM, THRISSUR DISTRICT. *5. SRI.SUBRAMANIOM, MALE MATRON, SCHOOL FOR DEAF, KUNNAMKULAM, THRISSUR. (ADD.R5 IS IMPLEADED AS PER ORDER ON I.A NO.15309/2009 DATED 10/12/2009) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.34090 of 2009 -------------------------- Dated this the 10th December,2009 J U D G M E N T The petitioner herein is an Orthopedically handicapped person. Even though he had been expecting appointment through Employment Exchange, after registering in the year 1987 and even though he attended some interviews, he could not get any appointment so far. Subsequently, the petitioner was nominated for the post of 'Male Matron' under the 3rd respondent. There were four candidates who were interviewed at that point of time. It is the case of the petitioner that a relative of the 4th respondent, who is the additional 5th respondent herein was appointed even though the petitioner was eligible to get the post. Even though the petitioner had been moved various authorities, none of the authorities have taken any proper decision in the matter. Complaints have been made before the Hon'ble Chief Minister, the Deputy Director of Education, Thrissur and the Director of Public Instruction. Ext.P2 is the complaint submitted before the Chief Minister of the State. W.P ( C) No.34090 of 2009 2 2. After the submission of the above complaint, it was forwarded to the Directorate of Vocational Higher Secondary pursuant to which a report was made to the Additional Secretary of the Chief Minister and it was intimated that the petitioner declined to join duty as the job required duty during day and night and he had to stay in the school during night. Ext.P3 evidences the same. Disputing the contents of the same, the petitioner has filed Ext.P4 representation before the Secretary to Government, Education Department. It is pointed out that no action is being taken on the same. The additional 5th respondent is impleaded as per order on I.A.No.15309 of 2009, who is the appointee. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. In the light of the averments made in the writ petition, I am of the view that the petitioner’s complaint in the matter will have to be considered. There will be a direction to the 1st respondent to take a decision on Ex.P4, after hearing the petitioner and additional 5th respondent W.P ( C) No.34090 of 2009 3 and other necessary parties within a period of three months from the date of receipt of a copy of this judgment and appropriate orders will be passed, in accordance with law. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.34090 of 2009 4 W.P ( C) No.34090 of 2009 5