Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC

The Kerala High Court observed that reservation provided under Section 34 of the Rights of Persons with Disabilities Act is confined to the posts which are identified by the government for persons with benchmark disabilities under Section 33. As per Section 33, the appropriate Government shall identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the provisions of section 34. It said: “Going by the Rights of Persons with Disabilities Act, 2016, the reservation contemplated under Section 34 of the Act can be only against the posts identified for reservation under Section 33. Section 33 provides that the appropriate Government shall identify posts in the Establishment which can be held by the respective category of Persons with Benchmark Disabilities in respect of the vacancies reserved in accordance with the provisions of Section 34.” “As long as higher promotional posts of the petitioners, such as Assistant Registrar / Deputy Registrar / Joint Registrar are not identified by the University for appointment of the physically disabled candidates, the petitioners do not have any legal right to claim promotion.” In view of this, the present writ petitions came to be dismissed by the Court.