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2013 Supreme(Ker) 689

P. K. Jayaprakash – Appellant
Versus
Joint Registrar of Co-Operative Societies (General) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:P.C. Sasidharan, Advocate.
For the Respondents:R1, D. Somasundaram, Special Government Pleader, R2 & R3, George Poonthottam Advocate.

Judgment :

1. A differently abled person, is aggrieved by non-reservation of vacancies for the disabled even after the Parliament provided for equal opportunities, protection of rights and full participation by an enactment titled Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act ,1995 (for brevity, “Disabilities Act”). The sentiment expressed in the above enactment has been imbibed and reiterated by the Legislature of the State in sub-section (5) of Section 80 of the Kerala State Co-operative Societies Act, 1969 (for short “Societies Act”) to provide for such reservation in the co-operative societies within the state and regulated by the Act of the State Legislature. Despite this, the respondent society has acted in total violation of the statutory provisions; by inviting applications for appointment to the post of Peons, in the society, without reserving the 3%, entitled to the disabled by the aforementioned two enactments, is the contention.

2. The petitioner claims to be a physically challenged person having 50% disability, as evidenced by the disability certificate, Exhibit P1. The second respondent society is a Class I Society re





























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