DELEESHA DORA J. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a differently-abled person and suffers from a mild intellectual disability. Her IQ is 64 and she is stated to be suffering from mental illness and her disability has been assessed as 45%. Despite the setbacks faced by her in her life she has passed Higher Secondary examination (Humanities) in March 2014 as is evident from Ext.P2 certificate. She has approached this Court seeking a declaration that she is entitled to be appointed to any of the suitable vacancies at the schools managed by the 7th respondent Corporate educational agency and for a further direction to appoint her in any of the suitable vacancies.

(2.) Brief facts are as under:

(3.) A counter affidavit has been filed by the additional 8th respondent wherein it is stated that the Government has issued Ext.P3 Government Order providing 4% reservation of the total number of vacancies in the cadre strength in appointments in aided colleges and schools to the posts which are identified for persons with disabilities with effect from 19/4/2017. To the aspect as to whether there is any restriction in employing mentally retarded persons as Full-time Menial and also the formalities to be complied with, it has been stated as follows in para 7 of the counter.