Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
Samajam Higher Secondary School – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
T.R.RAVI, J.
All these writ petitions relate to the various issues regarding the implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the 1995 Act') and the Right of Persons with Disabilities Act, 2016 (hereinafter referred to as 'the 2016 Act') in Aided Schools in the State of Kerala. The writ petitions are hence heard and disposed of by a common judgment.
The Premise :
2. The 1995 Act came into force on 07.02.1996. Section 33 of the 1995 Act mandates that “every appropriate Government shall appoint in every establishment such percentage of vacancies not less than 3% for persons or class of persons of which 1% each shall be reserved for persons suffering from (i) Blindness/low vision (ii) Hearing impairment (iii) Locomotor disability or cerebral palsy. Though the Section is not happily worded, the clear intention is that not less than 3% of the vacancies in every establishment shall be reserved for persons with disability. As is usual with every such legislation with a large social intent, the implementation of the provisions was decelerated. Twenty-one years later, the Parl
The judgment affirms the mandatory reservation for persons with disabilities in aided schools, emphasizing compliance with legislative provisions and the management's responsibilities.
University of Kerala would not be justified in granting approval to the appointments granted by the 5th respondent when those appointments were clearly in violation to the provisions of law.
Point of law : whether reservation is permissible in promotions, explained the difference between reservation under Article 16(4) and reservation under Article 16(1) and held that Article 16(1) does ....
Only in those cases that the Government is of the view that the posts in the promotional cadres cannot be reserved for the PwD category due to functional or other reasons, the same cannot be used as ....
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 main legal point established in the judgment is that the benefit of reservation under the Act, 2016 could not be extended as the relevant rule basis upon which the advertisement was published was....
The central legal point established in the judgment is the interpretation and application of Section 33 of the Persons with Disabilities Act, 1995, regarding the reservation of posts for physically c....
Point of law: The proper and correct course is to first fill up the OC quota (50%) on the basis of merit; then fill up each of the social reservation quotas i.e. SC, ST and BC; the third step would b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
