Mandatory reservation under Section 34 ensures fair recruitment practices for differently abled candidates.

JUDGMENT

Anil K. Narendran, J.

This contempt case is filed alleging wilful disobedience of the direction contained in the order of this Court dated 14.10.2025 in R.P.No.1291 of 2025, whereby the review petition is disposed of by Annexure A3 order dated 14.10.2025.

Paragraphs 7 to 12 of that order read thus;

“7. In paragraph 40 of the judgment dated 23.07.2025 in W.A.No.221 of 2025, which is sought to be reviewed in this review petition, this Court held that, in view of the mandatory requirements of the reservation provided under Section 34 of the Rights of Persons with Disabilities Act , 2016 (the 2016 Act), read with the provisions contained in Section 33 regarding identification of posts, the ratio of the decision of the Apex Court in Ravi Prakash Gupta [ (2010) 7 SCC 626 ] and that of the decision of the Division Bench of this Court in E. Dineshan [2016 (2) KHC 910], 4% vacancies for reservation provided under of the said Act for differently abled candidates with benchmark disabilities, in the post of Professional Assistant Gr.II (Library) in the Universities in Kerala, identified vide Ext.P10 Government order dated 14.02.2024, have to be considered as having arisen during the currency of Ext.P4 ranked list, which came into force with effect from 17.06.2023. This Court held further that such vacancies in the post of Professional Assistant Gr.II (Library) in the Universities in Kerala are to be filled up, during the currency of Ext.P4 ranked list, by differently abled candidates with benchmark disabilities available in the said ranked list (main list and supplementary lists for communal reservations), after preparing a separate ranked list for reservation of differently abled candidates with benchmark disabilities, based on their ranking in Ext.P4 ranked list, to comply with the mandatory requirements of the reservation provided under of the 2016 Act. Consequently, in the last paragraph of the judgment dated 23.07.2025 in W.A.No.221 of 2025 this Court issued a direction whereby the KPSC and the State of Kerala were directed to consider 4% vacancies for reservation provided under of the 2016 Act for differently abled candidates with benchmark disabilities, in the post of Professional Assistant Gr.II (Library) in the Universities in Kerala, identified vide Ext.P10 Government order dated 14.02.2024, as having arisen during the currency of Ext.P4 ranked list, which came into force with effect from 17.06.2023 and that, such vacancies shall be filled up, during the currency of Ext.P4 ranked list, by differently abled candidates with benchmark disabilities available in the said ranked list (main list and supplementary lists for communal reservations), after preparing a separate ranked list for reservation of differently abled candidates with benchmark disabilities, based on their ranking in Ext.P4 ranked list, as per the mandatory requirements of the reservation provided under of the 2016 Act.

This Court directed that such a ranked list shall be published, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of the judgment dated 23.07.2025, and the eligible candidates, as per their position in the said ranked list, shall be advised for appointment, in accordance with the reservation provided under Section 34 of the 2016 Act, within a further period of one month.

8. The Government India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, issued Office Memorandum No.36035/3/2004- Estt.(Res) dated 29.12.2005, with a view to consolidating the existing instructions, bringing them in line with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act , 1995 (the 1995 Act) and clarifying certain issues, including procedural matters, on reservation for persons with disabilities in posts and services under the