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D. K. SINGH
Shinu K. R. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
D. K. Singh, J.
These writ petitions have been filed seeking a writ of mandamus or any appropriate writ, order or direction to the respondents to make reservation in favour of the person with benchmark disabilities while engaging the Public Prosecutor in Pathanamthitta district.
2. The learned counsel for the petitioners have submitted that Section 34 of the Rights of Persons with Disabilities Act, 2016(hereinafter referred to as 'Act of 2016) envisages to give reservation of 4% of the total number of vacancies in the cadre strength in each group of posts to the persons with benchmark disabilities i.e, one per cent each for benchmark disability defined in the Act.
3. The submission is that the Public Prosecutors are also appointed by the Government, and this is public employment in the state and therefore, the reservation to the person with disabilities should be given while appointing Public Prosecutors. It is further submitted that the Government is not giving any reservation to persons with disabilities while appointing Public Prosecutors, which is a clear violation of the mandate of Section 34 of the Act of 2016, and the Government should be directed to make provisions f
The appointment of Public Prosecutors does not fall under the reservation provisions of the Rights of Persons with Disabilities Act, 2016 due to the absence of a cadre.
Point of Law : Government is bound to act upon the recommendation without further delay, particularly in view of the fact that written examination as part of selection to the post of District Judge h....
Reservation in promotion for Persons with Disabilities requires identification of suitable posts; without such identification, no legal right to promotion exists.
Reservation under the 2016 Act must be computed against total cadre vacancies; post-identification is for appointments, not for computing the 3%/4% reservation, and backlog vacancies may be utilized ....
The reservation for Persons with Disabilities must apply from the start of the selection process, ensuring fair competition among candidates within the reserved category.
Point of Law : Permanent disability - Appointment - It is true that it is not necessary to frame separate set of rules for providing reservation in appointments of persons other than District Judges ....
: action of the State, thus, must be judged with extreme care and circumspection. It must be borne in mind that the right of the public prosecutor or the district counsel do not flow under a statute.....
The Rights of Persons with Disabilities Act, 2016, provides for a 4% reservation for persons with benchmark disabilities in recruitment but does not extend this reservation to promotions unless speci....
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