MANAGER, SUNNIYYA ARABIC COLLEGE Vs. STATE OF KERALA

JUDGEMENT

(1.) I am considering these two writ petitions together since, under challenge in them, is the same order issued by the State Commissioner for Persons with Disabilities, Kerala ("Commissioner" for short).

(2.) The proceedings before the Commissioner began on an application made by Smt.Safeena A. - who has been arrayed as a respondent in both these matters, alleging that the Manager of the "Sunniyya Arabic College" (College for short) has appointed Sri.Aboobacker E.K. (petitioner in W.P.(C).No.9709 of 2022) as an Assistant Professor, in violation of the Right of Persons with Disabilities Act, 2016 ("RPwD Act" for short)

(3.) The specific contention of Smt.Safeena A. before the Commissioner was that the Manager of the College could not have filled up the post in question through a notification inviting candidates solely from the general category, since it ought to have been reserved for persons with disabilities under the "RPwD Act", because the Government of Kerala had issued orders as early as on 31/10/2019, implementing the said Act, fixing the roster posts for being filled up with various categories of persons with disabilities. She submitted before the Commissioner that since the vacancy in question can only be construed as being a "backlog one", the notification could have invited persons with disabilities alone and not anybody from the general category; but that, in flagrant violation of the same, he issued the impugned one deliberately suppressing the afore fact and then appointed Sri.Aboobacker E.K. from the general category.