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2020 Supreme(Ker) 574

P.V.ASHA
Renjith J. V. , S/o. Vijayakumar G. – Appellant
Versus
State of Kerala, Rep. by Secretary, Social Welfare Department – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.S. Hariharaputhran, Smt. Bhanu Thilak.
For the Respondent: Government Pleader, Sri. R.T. Pradeep, Smt. M. Bindudas, Sri. K.C. Harish.

JUDGMENT :

The issue arising in these Writ Petitions is whether 3%/4% vacancies in the aided educational institutions in the State of Kerala should be filled up by appointing differently abled persons in accordance with the provisions contained in Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ('the 1995 Act' for short)/Right of Persons with Disability Act, 2016 ('the 2016 Act' for short). Government issued an order on 18.11.2018 extending the provisions of Section 2(k) of the 1995 Act and 2016 Act to all aided educational institutions getting Government aid such as staff salary and other allowances, maintenance grant, etc, with effect from 07.02.1996 and directed that the concerned administrative departments shall instruct all the appointing authorities of such aided institutions to ensure 3% reservation on appointments in aided schools and aided colleges for the period from 7.2.1996 and to provide 4% reservation on appointments in such schools and colleges for the period from 19.4.2017 for the differently abled. The corporate managements have challenged the order. The aspirants for employment eligible for appointment availing

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