RATHEESH BABU Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) Can the action of the State Government in not making any reservation for the physical handicapped persons for selection to the posts in Class I and Class II categories in Government service including Universities in the State of Kerala be justified under S.33 of the Persons with Disabilities (Equal Opportunities Protection of Rights with Full Participation) Act, 1995 (hereinafter called 'the Act'), is the question that has come up for consideration before this Court.

(2.) Sree Sankaracharya University of Sanskrit, the second respondent, invited applications from eligible candidates for various posts vide Ext. P1 notification, including the post of Lecturer in Social Work. Appellant is a physically handicapped person suffering from post polio residual paralysis of both the lower limbs with secondary scoliosis with 80% disability. Complaint of the appellant is that Ext. P1 notification does not contain any reservation for physically handicapped or disabled persons.

(3.) Ext. P1 notification does not make any reservation for physically disabled person, which the respondents are legally bound to do under S.33 of the Act. Appellant has prayed for a writ of certiorari to quash Ext. P1 notification to the extent it does not provide reservation for the physically disabled persons as contemplated in the Act. Appellant also prayed for a writ of mandamus directing the second respondent University to modify Ext. P1 notification by issuing a notification providing 3% reservation for the disabled candidates in the teaching posts shown in Ext. P1 and to keep in abeyance the further proceedings of selection till the issuance of such notification.