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 with a separate ranked list for differently abled candidates.

JUDGMENT :

Anil K. Narendran, J.

The Kerala Public Service Commission (KPSC), the 2^nd respondent in W.P.(C)No.32605 of 2023, has filed this writ appeal invoking the provisions under Section 5 (i) of the Kerala High Court Act, 1958, challenging the judgment of the learned Single Judge dated 18.12.2024 in that writ petition. The said writ petition was one filed by the 1^st respondent herein-petitioner seeking a writ of mandamus commanding the 3^rd respondent Secretary to Government, Social Justice Department to identify and earmark posts under Section 34 (c) of the Rights of Persons with Disabilities Act, 2016, as stipulated under Sections 32 and 33 of the said Act, and the relevant orders in this regard, in Ext.P4 ranked list published by KPSC, within a time frame to be fixed by this Court; a writ of mandamus commanding the 4^th respondent Secretary to Government, Higher Education Department to identify and earmark the posts under Sections 33 and 34 of the Act and to report the identified vacancies, with retrospective effect from the date on which Ext.P4 ranked list published by KPSC came into force, within a time frame to be fixed by this Court; and a writ of mandamus commanding KPSC to advice the petitioner for appointment against the first vacancy identified and earmarked for persons with locomotor disability, as stipulated under Section 34 (c) of the Act in the event of respondents 3 and 4 complying with the directions contained in the 1^st and 2^nd reliefs sought for in the writ petition.

2. Going by the averments in the writ petition, the petitioner, who is a person with benchmark disability, is included in the supplementary list for Ezhava/Thiyya/Billava category for appointment to the post of Professional Assistant Gr.II (Library) in the Universities in Kerala, published by KPSC. The document marked as Ext.P1 is a true copy of the Standing Disability Assessment Board Certificate dated 18.12.2012 issued from the Taluk Head Quarters Hospital, Vatakara, in which the percentage of disability of the petitioner is certified as 40%. Ext.P2 is the Degree Certificate dated 08.06.2022 issued to the petitioner by the University of Calicut, in the faculty of Humanities. Ext.P3 is a copy of the notification dated 16.06.2021 issued by KPSC for appointment to the post of Professional Assistant Gr.II (Library) in various Universities in Kerala. Ext.P4 is a copy of the ranked list published by KPSC pursuant to Ext.P3 notification, in which the petitioner is included in the supplementary list for Ezhava/Thiyya/Billava category, at Rank No.11. According to the petitioner, a separate list for differently abled candidates under 3% reservation is provided under Sections 32, 33 and 34 of the 2016 Act. Ext.P5 is a copy of the appointment chart prepared by KPSC in respect of Ext.P4 ranked list, with the date of advice as 22.07.2023. Ext.P6 is a copy of G.O.(P)No.12/2019/SJD dated 31.10.2019 issued by the 3^rd respondent, on behalf of the 2^nd respondent State, whereby the turn of persons with benchmark disabilities was revised in the light of enhancing the percentage of reservation from 3% to 4%. Accordingly, the earlier turns of reservation on the 100-point roster at 1, 34 and 67 were revised as 1, 26, 51 and 76. According to the petitioner, she is entitled to be considered under any of the reservation turns for locomotor disability/cerebral palsy under Section 35(c) of the Act, against the already advised 117 candidates for the post of Professional Assistant Gr.II (Library) in the Universities in Kerala.

3. Pursuant to the order of the learned Single Judge dated 16.11.2023, a copy of G.O.(Rt.)No.39/2024/SJD dated 14.02.2024 was placed on record along with a memo dated 27.02.2024 filed by the learned Senior Government Pleader, whereby the 2^nd respondent State identified the post of Professional Assistant Gr.II (Library) in the Universities in Kerala for differently abled persons, subject to the conditions stipulated therein.

4. In the writ petition,