HASEEB O.P. Vs. MUHAMMAD SUFIYAN V.

JUDGEMENT

(1.) "It is an alarming reality that the disabled people are out of job not because their disability comes in the way of their functioning rather it is social and practical barriers that prevent them from joining the workforce", observed the Apex Court in Union of India v. National Federation of the Blind, (2013) 10 SCC 772, in the context of delay on the part of the authorities in giving effect to the provisions contained in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, hereinafter referred to as "the 1995 Act".

(2.) These appeals, except W.A.No.1667 of 2022, arise from the common judgment in three writ petitions namely, W.P.(C) Nos.19808 of 2021, 17632 of 2021 and 11673 of 2022, of which one was instituted by the office bearer of an association seeking general directions for the benefit of persons with disabilities and the other two were instituted by persons with disabilities seeking general as well as personal reliefs. W.A.No.1667 of 2022 is one instituted challenging the judgment in W.P.(C) No.8090 of 2022 instituted by a few persons with disabilities seeking reliefs similar to the reliefs claimed in W.P.(C) No.11673 of 2022 which was disposed of in tune with the common judgment impugned in the remaining appeals. As the questions arising for consideration in all the appeals are one and the same, they are disposed of by this common judgment. Parties and documents are referred to in this judgment, unless otherwise mentioned, as they appear in W.P(C) No.19808 of 2021.

(3.) On 6/9/2021, having noticed that a large number of proposals received by the Department of General Education for approval of the appointments made in aided schools after 15/7/2021 were not processed, the Director of General Education issued Ext.P4 communication calling upon the educational officers in the State to approve the said appointments on or before 24/9/2021. W.P(C) No.19808 of 2021 was one instituted on 18/9/2021 by one K.J.Varghese styling himself to be the President of an organisation called the Kerala Federation of the Blind, challenging Ext.P4 communication. A direction was also sought in the said writ petition to the State Government to direct the Managers of all aided schools in the State to give effect to the provisions in the 1995 Act and the 2016 Act, hereinafter referred to collectively as "the Statutes' as regards reservation for employment in favour of persons with disabilities in aided educational institutions and also to take immediate steps to effect the backlog in the appointments in the arising vacancies. The case set out by the petitioner in the said writ petition is that even though the State Government has issued Ext.P1 order as early as on 18/11/2018 extending the application of the Statutes to all aided educational institutions in the State with effect from 7/2/1996 and directed the concerned administrative departments to instruct the appointing authorities to ensure compliance of the provisions of the Statutes and to make up the backlog in the appointments in the vacancies arising from 18/11/2018, the same has not been given effect to.