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2022 Supreme(Ker) 365

RAJA VIJAYARAGHAVAN V.
DELEESHA DORA J. D/O SAMUEL JAYARAJ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: N. KRISHNA PRASAD, N. ANAND, BIJITH S. KHAN, RAJESH O.N.
For the Respondents: V.A. MUHAMMED, M. SAJJAD, ANIMA M.

JUDGMENT :

1. The petitioner is a differently-abled person and suffers from a mild intellectual disability. Her IQ is 64 and she is stated to be suffering from mental illness and her disability has been assessed as 45%. Despite the setbacks faced by her in her life she has passed Higher Secondary examination (Humanities) in March 2014 as is evident from Ext.P2 certificate. She has approached this Court seeking a declaration that she is entitled to be appointed to any of the suitable vacancies at the schools managed by the 7th respondent Corporate educational agency and for a further direction to appoint her in any of the suitable vacancies.

2. Brief facts are as under:

    The petitioner contends that she is a differently-abled person and suffers 50% mental retardation and therefore a person suffering from benchmark disability. By Ext.P3 order dated 18.11.2018, the Government has directed all aided institutions to appoint differently-abled persons in tune with the provisions of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 and

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