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2025 Supreme(Ker) 2816
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S., JJ.
Shoyab K.A and Ors. – Appellants
Versus
State Of Kerala And Ors. – Respondents
WA NO. 173 OF 2025, WA NO. 209 OF 2025, WA NO. 382 OF 2025
Decided On : 06-10-2025
For the Appellant : Smt.Shameena Salahudheen, Smt.Astrid Stereena Mathew, Shri.B.Ravisankar
For the Respondent:Shri.M.A.Asif, Shri.P.C.Sasidharan, Sri.Adithya Rajeev, Shri.Surin George Ipe, Sc, M.G.University, Shri.Elvin Peter P.J. (Sr.), Asok M.Cherian, Addl. Advocate General, Sri.K.B.Ramanand Spl.Gp.
Reservation for persons with disabilities in promotions mandates post identification under the Rights of Persons with Disabilities Act, 2016, preventing denial of promotion based on their disability status.
Headnote:(A) Rights of Persons with Disabilities Act, 2016 - Sections 33 and 34 - Reservation in promotions for persons with benchmark disabilities - Writ appeals challenging rejection of promotion requests based on violation of reservation provisions; Courts ruled identification of posts is necessary for reservation claims; Ext.P17 and P23 orders set aside for contradicting central directives. (Paras 30-44)
(B) Identification of Posts - Reservation under RPwD Act necessitates identification of promotional posts for disabled individuals; mere identification in feeder categories is insufficient for claims in promotional avenues. (Paras 31-34)
(C) Eligibility for Promotion - Employees holding posts prior to disability acquisition or through compassionate appointments are entitled to the same promotion rights as other employees, ensuring nondiscrimination. (Paras 22-24)
Facts of the case:
The appellants, serving in Kottayam and Kannur Universities as Section Officers, were denied promotions despite their applications under the reservation provisions meant for differently-abled individuals. They contended that the universities failed to identify promotional posts, thus denying their lawful entitlement to promotions.
Findings of Court:
The learned Single Judge admitted that while identification of posts is essential for granting reservations, the failure to do so by the respondent universities led to the wrongful denial of promotions.
Issues: The primary issues pertained to (i) whether the identifications of posts were requisite for reservation in promotions under the RPwD Act; and (ii) whether the appeals validly challenged the orders of the university regarding promotion and reservation guidelines.
Ratio Decidendi: The Court concluded that the principles laid down in relevant precedents necessitate that the identification of posts is a prerequisite for claiming reservations in promotions, and the government has to ensure the compliance with established laws regarding this issue.
Result: Appeals allowed; orders set aside requiring adherence to reservation provisions with directives for completion of post identification and promotions.
| Table of Content |
|---|
| 1. appeal structure and parties involved. (Para 1 , 2) |
| 2. representation and reservation in promotions. (Para 3) |
| 3. contention regarding promotion eligibility. (Para 4 , 5) |
| 4. arguments against identification of posts. (Para 6 , 7 , 10 , 11 , 12) |
| 5. historical context of disability laws. (Para 13 , 14 , 15 , 16) |
| 6. judicial precedents regarding disability reservations. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 7. key conclusions on reservations in promotion. (Para 33 , 34 , 35) |
| 8. outcome of the appeals and directions. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45) |
JUDGMENT :
Muralee Krishna, J.
These writ appeals are filed under Section 5 (i) of the Kerala High Court Act, 1958, by the respective petitioners in W.P.(C)No.15097 of 2024, W.P.(C)No.13766 of 2024, and W.P.(C)No.39733 of 2023. W.P.(C)Nos.15097 of 2024 and 13766 of 2024 are dismissed by the learned Single Judge by way of a common judgment dated 20.12.2024. W.P.(C)No.39733 of 2023 is also dismissed by the learned Single Judge as per the judgment dated 05.02.2025 in the light of the judgment in W.P.(C)Nos.15097 of 2024 and 13766 of 2024, since the issue involved in W.P.(C)No.39733 of 2023 is the same, as that was considered in W.P.(C)No.15097 of 2024 and W.P.(C)No.13766 of 2024. The parties and documents are referred in this judgment as they are referred in W.A.No.173 of 2025 and in the corresponding writ petition, unless otherwise stated.
2. The appellants/writ petitioners in W.A.No.173 of 2025 are Section Officers in Mahatma Gandhi University (‘M.G.University’ in short), who entered service as Lab Assistants. The appellants/writ petitioners in W.A.No.209 of 2025 entered service as Assistants in that University, and were later promoted as Section Officers. All of them are persons suffering from benchmark disability of more than 40%. They filed writ petitions, being aggrieved by the rejection of their request for further promotion in the quota earmarked for differently abled candidates. Similarly, the appellant/writ petitioner in W.A.No.382 of 2025 is a person appointed as Assistant (Grade II) in Kannur University and was later promoted as Section Officer. He also approached this Court with the writ petition for the very same cause as that of the appellants in the other two writ appeals. Since the point to be considered and decided in these appeals is the same, they are heard together and are being disposed of by this common judgment.
W.A.No.173 of 2025
3. It is pleaded in the writ petition filed by the appellants/writ petitioners herein that the 1st appellant joined the service of MG University as a Lab Assistant in the year 1996, and the 2nd appellant joined the service as Assistant (Grade II), in the same University in the year 2009. The 1st appellant is 50% visually impaired, and the 2nd appellant is suffering from 40% locomotor disability. By promotion in the usual course, both of them have been posted as Section Officers. The appellants contend that by Ext.P4 Government order dated 18.11.2018 issued by the 3rd respondent, 4% reservation as per the provisions of the Rights of Persons with Disabilities Act, 2016 (the ‘2016 Act’ in short), and 3% reservation as per the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (the ‘1995 Act’ in short), in aided Schools and aided Colleges including professional colleges was provided. By Ext.P5 notification dated 04.01.2021, the Ministry of Social Justice and Empowerment under the Central Government also issued Gazette Notification notifying the gist of the report of the expert committee constituted under Sections 32 and 33 of the 1995 Act. Note 4 of Ext.P5 notification states that if a post is identified in the feeder grade, all the posts in the promotional grade should also be stand identified. The 2nd respondent Secretary to the Government issued Ext.P6 notification dated 15.02.2021, directing the Registrar
