SHOYAB K.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ appeals are filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the respective petitioners in W.P.(C)No.15097 of 2024, W.P.(C)No.13766 of 2024, and W.P.(C)No.39733 of 2023. W.P.(C)Nos.15097 of 2024 and 13766 of 2024 are dismissed by the learned Single Judge by way of a common judgment dtd. 20/12/2024. W.P.(C)No.39733 of 2023 is also dismissed by the learned Single Judge as per the judgment dtd. 5/2/2025 in the light of the judgment in W.P.(C)Nos.15097 of 2024 and 13766 of 2024, since the issue involved in W.P.(C)No.39733 of 2023 is the same, as that was considered in W.P.(C)No.15097 of 2024 and W.P.(C)No.13766 of 2024. The parties and documents are referred in this judgment as they are referred in W.A.No.173 of 2025 and in the corresponding writ petition, unless otherwise stated.

(2.) The appellants/writ petitioners in W.A.No.173 of 2025 are Sec. Officers in Mahatma Gandhi University ( 'M.G.University' in short), who entered service as Lab Assistants. The appellants/writ petitioners in W.A.No.209 of 2025 entered service as Assistants in that University, and were later promoted as Sec. Officers. All of them are persons suffering from benchmark disability of more than 40%. They filed writ petitions, being aggrieved by the rejection of their request for further promotion in the quota earmarked for differently abled candidates. Similarly, the appellant/writ petitioner in W.A.No.382 of 2025 is a person appointed as Assistant (Grade II) in Kannur University and was later promoted as Sec. Officer. He also approached this Court with the writ petition for the very same cause as that of the appellants in the other two writ appeals. Since the point to be considered and decided in these appeals is the same, they are heard together and are being disposed of by this common judgment.

(3.) It is pleaded in the writ petition filed by the appellants/writ petitioners herein that the 1st appellant joined the service of MG University as a Lab Assistant in the year 1996, and the 2nd appellant joined the service as Assistant (Grade II), in the same University in the year 2009. The 1st appellant is 50% visually impaired, and the 2nd appellant is suffering from 40% locomotor disability. By promotion in the usual course, both of them have been posted as Sec. Officers. The appellants contend that by Ext.P4 Government order dtd. 18/11/2018 issued by the 3rd respondent, 4% reservation as per the provisions of the Rights of Persons with Disabilities Act, 2016 (the '2016 Act' in short), and 3% reservation as per the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (the '1995 Act' in short), in aided Schools and aided Colleges including professional colleges was provided. By Ext.P5 notification dtd. 4/1/2021, the Ministry of Social Justice and Empowerment under the Central Government also issued Gazette Notification notifying the gist of the report of the expert committee constituted under Ss. 32 and 33 of the 1995 Act. Note 4 of Ext.P5 notification states that if a post is identified in the feeder grade, all the posts in the promotional grade should also be stand identified. The 2nd respondent Secretary to the Government issued Ext.P6 notification dtd. 15/2/2021, directing the Registrar of various Universities to take immediate steps to amend their statutes by incorporating the provisions to provide reservation for persons with disabilities in the appointments. While so, the Government of India in the Department of Personnel and Training issued Ext.P7 Office Memorandum dtd. 17/5/2022, stipulating instructions for the grant of reservation in promotion to persons with benchmark disabilities in the posts and services of the Central Government. The 2nd respondent also issued Ext.P8 notification dtd. 18/5/2022 approving the guidelines for appointment of differently abled persons in Private Aided Colleges and Government Arts and Science Colleges/Aided Training Colleges/Aided Arabic Colleges, Aided Engineering Colleges, Aided Polytechnic Colleges. Further instructions were also issued by the 2nd respondent as per Ext.P9 notification dtd. 5/6/2022 to the effect that in all appointments made after 18/5/2022, strict observance shall be made to the guidelines issued as per Exts.P6 and P8 orders. The 4th respondent University issued Ext.P10 order dtd. 24/6/2022, deciding to implement the directions contained in Ext.P8 Government order. Thereafter, in the light of Ext.P7 Office Memorandum, the 3rd respondent also issued Ext.P11 order dtd. 15/7/2022 providing for reservation in promotion to employees who are persons with disabilities. Subsequently, the P&ARD (Rules) Department issued Ext.P12 Circular dtd. 23/9/2022 directing all administrative departments to amend the concerned special rules immediately, in order to ensure that 4% reservation is granted in tune with the guidelines contained in Ext.P11 Government order.