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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S.
Kerala Public Service Commission – Appellant
Versus
Sheethal C.V., D/o Kumaran – Respondent
JUDGMENT :
Anil K. Narendran, J.
The Kerala Public Service Commission (KPSC), the 2nd 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 1st respondent herein-petitioner seeking a writ of mandamus commanding the 3rd 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 4th 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 KPS
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 ....
Differently abled candidates are entitled to reservation benefits if a post is identified after the initial notification and within the currency of the selection list, adhering to statutory provision....
Mandatory reservation under Section 34 ensures fair recruitment practices for differently abled candidates.
Reservation under the Persons with Disabilities Act is constitutionally mandated and cannot be denied due to post identification lapses; violations warrant legal remedy.
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.
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 ....
The judgment affirms the mandatory reservation for persons with disabilities in aided schools, emphasizing compliance with legislative provisions and the management's responsibilities.
Eligibility for appointment in reserved categories depends on the specific nature of disability as defined by law, not merely on the candidate's performance.
The judgment emphasizes the statutory provisions and government orders governing age relaxation, grace marks, and reservation for PwDs, and directs the respondents to work out backlog vacancies and p....
The central legal point established in the judgment is the application of equal opportunity for public employment and the interpretation of selection rules in the context of ongoing and continuous re....
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