The Kerala High Court has directed the State government to ensure job reservation for persons with disabilities in all appointments in aided educational institutions.
Justice P.V. Asha issued the directive while disposing of a petition filed by the Nair Service Society and others challenging the government order requiring all aided educational institutions to implement reservations for persons with disabilities in appointments. The government has ordered that 3% reservation be provided for vacancies during the period from 1995 to 2016 and 4% from 2016 onwards.
The court also directed the management to conduct the selection and appointment in tune with the government order.
V. Manu, Senior Government Pleader, submitted that the entire expense towards salary, allowances, and pension of teaching and non-teaching staff of aided schools and colleges was borne by the government on par with those in government schools and colleges. Besides, the aided schools got maintenance grants every year. Therefore, the aided schools and colleges came under the definition of ‘government establishment' within the purview of Section 2(k) of the Act.
The court observed that the right of managers of aided schools to appoint teachers was not absolute. It could only be in accordance with the rules and conditions laid down by the government, that too, only from among candidates possessing qualification as prescribed by the government.
The management contended that the right of appointment conferred on the management of aided colleges could not be interfered with or diluted in view of the direct payment agreement entered into between the petitioner managements and the State government.
The court observed that minority right or direct payment agreement entered into between the government would not stand in the way of implementation of the provisions contained in the Act. The State government had only directed the colleges to implement the provisions in the Act, that too, when the Supreme Court had been consistently issuing various directions for its implementation of reservation for the last several years. It was the duty of the management of aided educational institutions to see that the differently-abled persons were also given appointment.
