Point of Law: Rights that are guaranteed to differently-abled persons under 1995 Act, are founded on sound principle of human dignity which is core value of human right and is treated as a significant facet of right to life and liberty.

JUDGMENT :

The petitioners in W.P.(C) No.11673/2022 are five young men. They contend that they have acquired all the requisite qualifications to seek appointment to the post of Upper Primary School Teacher, High School Teacher, and also for non-teaching posts in Aided Schools in the State. They all have one thing in common. The Certificates issued to them by the Medical Board constituted by the District Medical Officer, Department of Health Services, discloses that almost all of them are 100% blind.

2. W.P.(C) No. 19808/2021 is filed by Sri. K.J.Varghese, the President - Kerala Federation of the Blind - a Self-help Charitable Organization of Visually Impaired Persons. He claims that the Federation has more than 5000 members, and he is at the helm of one of the largest Organization for Persons with Disabilities in the State.

3. W.P.(C) No.17632/2021 is filed by Smt.Jaseela P., a 40 year old lady, suffering from hearing impairment with disability assessed at 60% by the District Medical Board.

4. The petitioners have approached this Court highlighting the continuous apathy, indifference and passivity shown by the State Government and also the Aided School Managers in implementing the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (‘1995 Act’ for brevity), which came into effect on 07.02.1996 and the Rights of Persons with Disabilities Act, 2016, (‘2016 Act’ for brevity) which came into effect from 19.04.2017. They, with pain in their hearts, contend that the action being taken by the Educational Authorities under the Government to grant approval of appointments without providing for reservation in the appointment of teachers in the Schools, is violative of the fundamental rights guaranteed to them under Articles 14 and 15 r/w. Article 41 of the Constitution of India.

5. Before adverting to the individual grievances of the petitioners herein, it would be apposite to comprehend the background facts in some detail. It would also be profitable to delineate the circumstances which led to the enactment of the 1995 Act, which came into effect on 07.02.1996 and the 2016 Act, which came into effect from 19.04.2017, and also the pronouncements of the Hon’ble Supreme Court exhorting the Union Government and the State Government to uphold the rights of the Persons with Disabilities (PwD) by implementing the provisions of the Act in its letter and spirit.

6. Background Facts :

6.1 It was during the launch of the Asian and Pacific Decade of Disabled Persons in 1993–2002 that an urgent need was felt among the member States for comprehensive legislation to protect the rights of Persons with Disabilities. Being one of the member States of the Economic and Social Commission for Asia and the Pacific held in Beijing in December 1992, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (‘1995 Act’ for brevity) was enacted, which came into force on 07.02.1996. The Act, in addition to its other prospects, also provides better employment opportunities for Persons with Disabilities by way of reservation of posts and the establishment of a special employment exchange for them. Section 32 of the 1995 Act stipulates for identification of posts that can be reserved for Persons with Disabilities. Section 33 of the 1995 Act provides for reservation of posts, and Section 36 thereof provides that in case a vacancy is not filled up due to the non-availability of a suitable person with disability, in any recruitment year such vacancy is to be carried forward in the succeeding recruitment year.

6.2. Though the Act came into force on 07.02.1996, the PwDs continued to be neglected and their rights trampled. This led the National Federation of Blind, a Society registered under the Societies Registration Act, 1860, to approach the Delhi High Cour