New Delhi: The Kerala High Court has held that education Institutions, including minority institutions that receive government aid, have to provide reservation in employment for physically challenged persons. The provisions regarding reservation in employment for physically challenged persons will apply to aided schools and colleges including minority institutions.
A single judge bench of Justice P. V. Asha heard the issue of whether 3 percent or 4 percent vacancies in the aided educational institutions in Kerala should be filled up by appointing differently-abled persons in accordance with the provisions contained in Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 /Right of Persons with Disability Act, 2016.
The court noted that aided educational institutions would fall under the definition of establishment as defined in Section 2(k) of 1995 Act and that of government establishments under section 2(i) of the 2016 Act.
The court also denied the contention that appointment against identified posts against the 3-4 percent can be made only by the government or that it can be made only in establishments having the characteristics of state under Article 12. It stated that even without directions from the state government, it is the duty of the managements of aided educational institutions, to see that the differently abled persons are also given appointment under them against 3-4 percent of the vacancies.
The court stated that the minority right or direct payment agreement entered into between the government also would not stand in the way of implementation of the provisions contained in the Act. The appointment under the Act is also to be done by the educational agencies. State Government is not interfering with the right of management to choose persons. Only thing is that while undertaking such selection the requisite percentage shall be from among the persons with disability.
The Court added that the State Government has only directed the Colleges to implement the provisions in the Act, that too, when the Supreme Court had been consistently issuing various directions for its implementation for the last several years. As pointed out by the additional respondents and the petitioners, who represent the beneficiaries of the Act, even without directions from the State Government, it is the duty of the managements of aided educational institutions, to see that the differently abled persons are also given appointment under them against the 3%/4% of the vacancies.”
The Government had issued an order on 18th November 2018, extending the provisions of Section 2(k) of the 1995 Act and 2016 Act to all aided educational institutions getting Government aid such as staff salary and other allowances, maintenance grant, etc, with effect from 7th February 1996, and directed that the concerned administrative departments shall instruct all the appointing authorities of such aided institutions to ensure 3% reservation on appointments in aided schools and aided colleges for the period from 7th Feb 1996 and to provide 4% reservation on appointments in such schools and colleges for the period from 19th April 2017 for the differently abled.
While the corporate managements challenged the order, the aspirants for employment eligible for appointment availing the said reservation sought implementation of that order.
Read the judgment here;
4753-India Legal Bureau