ANU JAYAPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Through this petition filed under Article 226 of the Constitution of India, the petitioner challenges Exhibit P8 notification issued by the Manager, Sree Narayana Colleges, a Corporate Educational Agency running various aided colleges and schools in the State of Kerala, calling for applications for appointment to the post of Assistant Professor in English. The challenge is raised primarily on the contention that the notification issued is in violation of the constitutional mandate and the benevolent provisions of the Rights of Persons with Disabilities Act, 2016 (Act 49 of 2016).

(2.) Short facts are as under.

(3.) It is in the above backdrop that this writ petition is filed seeking issuance of directions to the 5th respondent to earmark 4% of the vacancies in the post of Assistant Professor notified in Ext.P8 notification and for further direction to the 5th respondent to appoint a physically disabled person to the post of Assistant Professor in the English Department; for a direction to the 5th respondent to appoint the petitioner to the post of Assistant Professor (English) in the 4% vacancies earmarked for physically disabled persons in the aided colleges affiliated to the 4th respondent Kerala University and managed by the 5th respondent; for a direction to the respondents 2 to 4 to compel the 5th respondent to appoint the petitioner to the post of Assistant Professor in English in one of its aided colleges affiliated to the 4th respondent University; and for a declaration that the petitioner is entitled to get appointment as Assistant Professor (English) under the 5th respondent Corporate Educational Agency in the light of Sec. 34 of Act 49 of 2016 read with Ext.P6 Government Order.