Promotion claims under disability quotas must align with established recruitment policies of the university.

JUDGMENT

Muralee Krishna, J.

The petitioner in W.P.(C)No.8821 of 2024 filed this writ appeal under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the judgment dated 05.02.2025 passed by the learned Single Judge in that writ petition.

2. The appellant filed W.P.(C)No.8821 of 2024 under Article 226 of the Constitution of India, seeking the following reliefs:

“(I) Issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents 1 to 5 to promote the petitioner to the post of Assistant, from among low paid employees, considering his lateral reservation for promotion to persons with bench mark disability and 4% quota for by transfer appointment to low paid employees to the post of Assistants in Kannur University in the existing or ensuing vacancy, in tune with the Rights of Persons with disabilities Act, 2016.

(II) Issue a writ of mandamus or any other writ order or direction, directing the respondents to identify and notify all posts in the University to be filled with persons with bench mark disability in the 4% quota as envisaged under Section 34 of the Rights of Persons with Disabilities Act, 2016 and to fill in those vacancies within a stipulated period.

(III) Issue appropriate writ or order or direction to respondents to consider and pass orders on Exhibit P7 representation given by the Petitioner, by promoting the Petitioner, to the post of Assistant Under the Scheme of by transfer appointment to low paid employees, considering his eligibility for promotion under Section 34 of Rights of Persons with Disabilities Act, 2016 .”

3. The appellant is a person suffering from a benchmark disability of above 40% included in Clause (c) (locomotor disability) of Sub-Section (1) of Section 34 of the Rights of Persons with Disabilities Act, 2016 , (‘the Disabilities Act’ for short). He was appointed as an Office Attendant in Kannur University on 19.01.2010. He is working as a Library Assistant in the said university at present. According to the appellant, he is eligible for lateral reservation in promotion to the post set apart for persons with disabilities. He is entitled to be considered for promotion to the post of Assistant in the 4% quota by transfer appointment in the cadre strength of Assistants in the Kannur University from among low-paid employees. The appellant submitted Ext.P7 representation dated 20.12.2023 to the 4^th respondent to consider him for by transfer appointment and promotion to the post of Assistant. Since the said representation was not considered, the appellant filed W.P.(C)No.8821 of 2024 with the above prayers.

4. After the filing of the writ petition, along with I.A.No.2 of 2024, the appellant has produced Ext.P9 interim order dated 02.04.2024, passed by this Court in W.P.(C)No.39733 of 2023, whereby one vacancy of Assistant Registrar was ordered to be kept vacant until further orders in Kannur University.

5. The 1strespondent filed a counter affidavit dated 09.01.2025 in the writ petition opposing the reliefs sought by the appellant and producing therewith Exts.R1(a) to R1(g) documents. Similarly, the learned Standing Counsel for the 4threspondent filed a statement dated 04.07.2024 in the writ petition. The appellant thereafter filed a reply affidavit dated 20.07.2024, producing therewith Exts.P9 to P10(b) documents. After hearing both sides and on appreciation of the materials on record, the learned Single Judge by the impugned judgment dated 05.02.2025 dismissed the writ petition. Being aggrieved, the appellant is now before this Court with the instant writ appeal.

6. Heard the learned counsel for the appellant, the learned Senior