Aided Education Institutions Including Minority Institutions Bound To Provide Reservation In Employment For Physically Challenged Persons: Kerala HC [Read Judgment]

The High Court of Kerala has held that the provisions relating to reservation in employment for physically challenged persons would apply to aided Schools and Colleges including minority institutions.

Justice PV Asha was considering with the writ petitions filed by NSS Colleges Central Committee and Consortium of Catholic School Managements in Kerala challenging a Kerala Government order extending the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Right of Persons with Disability Act, 2016 to all aided educational institutions getting Government aid such as staff salary and other allowances, maintenance grant, etc, with effect from 07.02.1996 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 7.2.1996 and to provide 4% reservation on appointments in such schools and colleges for the period from 19.4.2017 for the differently abled.

Referring to the relevant provisions of the 1995 and 2016 Acts, the judge observed that the aided educational institution would come within the meaning of establishment as defined in Section 2(k) of 1995 Act and that of Government establishment under section 2(i) of the 2016 Act. The court also rejected the contention that appointment against identified posts against the 3%/4% can be made only by Government or that it can be made only in establishments having the characteristics of State under Article 12. The court said:

"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 managements to choose persons. Only thing is that while undertaking such selection the requisite percentage shall be from among the persons with disability. The State Government has only directed the Colleges to implement the provisions in the Act, that too, when the Hon'ble 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."

Disposing the writ petitions filed by two persons, the bench issued direction to the respective managements to conduct the selection and appointment in tune with the aforesaid Government Order in implementation of the 1995 Act and Right to Persons with Disability Act, 2016.