G.B.PATTANAIK, RUMA PAL
All Kerala Parents Association – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This appeal is directed against the judgment of the Division Bench of Kerala High Court. The present appellants approached the High Court making a grievance that the provision of Section 39 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the "Act") is not being given effect to inasmuch as the Government educational institution as well as institution receiving aid from the Government are not reserving three percent of seats for persons with disabilities, as contemplated under Section 39 of the Act. The High Court by the impugned judgment on analysing the provisions of the Act has come to the conclusion that since Section 39 occurs in Chapter VI dealing with employment, the expression "seats" in S, 39 would really mean "post" and the question of reservation of seats for appointment in educational institutions would not arise under Section 39, as, the education has been dealt with in Chapter V. It is no doubt true that Chapter V deals with education containing Section 26 to Section 31 and Chapter VI deals with employment containing Section 32 to Section 41. In Chapter VI itself so far as
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