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2015 Supreme(Ker) 1199

K.VINOD CHANDRAN
P. Radhakrishnan – Appellant
Versus
Cochin Devaswom Board – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G. Krishnakumar, Adv.
For the Respondents: Unnikrishnan V. Alapatt and Krishna Menon, SCs

JUDGMENT :

K. Vinod Chandran, J.

1. The petitioner claims to be a disabled person with 42% locomotor disability, who is working as a temple staff under the 1st respondent Board. The petitioner seeks for reservation in appointment to the 25% vacancies earmarked for temple staff in the post of Watchman-cum-Peon. The petitioner claims reservation under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity 'Act of 1995').

2. The learned Standing Counsel for the respondent Board, however, relies on the counter affidavit, which is in line with Ext.P8 order of the respondent Board, wherein the prayer made by the petitioner was declined for reason of the respondent Board being not an 'establishment' under the Act of 1995. The issue revolves only around whether the respondent Board can be considered to be an 'establishment' as defined under the Act of 1995.

3. The definition available under Section 2(k) of the Act of 1995 is as follows:

"(k) "establishment" means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a local authority or











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