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2022 Supreme(Online)(KER) 18260

HIGH COURT OF KERALA
P. B. Suresh Kumar, C.S. Sudha, JJ
ANU JAYAPAL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
S.MUHAMMED HANEEFF, M.H.ASIF ALI, SRI.ELVIN PETER P.J, SRI.ASOK M.CHERIAN, ADDED ADVOCATE GENERAL, SRI.THOMAS ABRAHAM SC, SRI.A.N.RAJAN BABU, SC, S.N. COLLEGE, SRI.B.G.HARINDRANATH, SMT.VINITA V SR. GP

J U D G M E N T

P.B.Suresh Kumar, J.

These appeals are directed against the judgment dated 10.05.2022 in W.P.(C) No.3622 of 2021. Parties and documents are referred to in this judgment, as they appear in the writ petition. The documents referred to herein as annexures are documents produced in W.A.No.646 of 2022.

2. The petitioner is a person with disability. She suffers from locomotor disability to the extent of 50%. The writ petition relates to the right of the petitioner to be considered for appointment as Assistant Professor in English in the aided colleges run by the corporate educational agency represented in the proceedings through its Manager, the fifth respondent in terms of the provisions contained in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (the 1996 Act) and the Rights of Persons with Disabilities Act, 2016 (the 2016 Act), collectively referred to in this judgment as “the Statutes”.

3. In terms of the 1996 Act, which came into force with effect from 07.02.1996, appropriate governments are required to fill up not less than 3% of the vacancies in every establishment with persons with disabilities, after ident

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