In a significant move in the south Indian state of Kerala, the High Court has directed the state government to ensure a 4 percent job reservation in all aided educational institutions for persons with disabilities.
As per the order issued based on Disabilities Act, 2016, 4 percent of the total vacancies in all the aided educational institutions put together, with effect from April 19, 2017, will be reserved for those with disabilities. Based on Disabilities Act, 1995, the state will also ensure a 3 percent reservation with retrospective effect from February 7, 1996, till April 18, 2017.
Justice P.V. Asha issued the directive while disposing of a petition filed by the Nair Service Society and others challenging the government order requiring all aided educational institutions to implement reservations for persons with disabilities in appointments. The government has ordered that a 3% reservation be provided for vacancies during the period from 1995 to 2016 and 4% from 2016 onwards.
The court also directed the management to conduct the selection and appointment in tune with the government order, while disposing of the petition filed by the NSS and other managements of educational institutions challenging the government order.
Manu, Senior Government Pleader, submitted that the entire expense towards salary, allowances, and pension of teaching and non-teaching staff of aided schools and colleges was borne by the government on par with those in government schools and colleges. Besides, the aided schools got maintenance grants every year. Therefore, the aided schools and colleges came under the definition of ‘government establishment’ within the purview of Section 2(k) of the Act.
The court observed that the right of managers of aided schools to appoint teachers was not absolute. It could only be by the rules and conditions laid down by the government, that too, only from among candidates possessing qualification as prescribed by the government.
