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Section 39 Applicable in Admission Cases

All Kerala Parents Association Hearing Impaired & Anr vs. State of Kerala & ors

Filed under: Sections 33 & 39 of the Persons with Disabilities Act, 1995
Appellant: All Kerala Parents Association Hearing Impaired and Anr.
Respondent: State of Kerala and Ors.
Citation: 2002 (7) SCALE 198
Court: In the Supreme Court
Judges: GB Pattanaik and Ruma Pal

This case is an appeal directed against the judgment of the Division Bench of the Kerala High Court dismissing the petition to implement the provision of 3% reservation of seats for disabled people under Section39 of the Persons with Disabilities Act.

Facts

The All Kerala Parents Association Hearing Impaired (A.K.P.A.H.I) had approached the High Court on the ground that the provision of Section 39 of the Persons with Disabilities Act had not been given effect in the Governmental Educational Institutions and the institutions receiving aid from the Government. These institutions had not made the 3% reservation for persons with disabilities as contemplated under Section 39 of the Act.

On analyzing the provision of the Act, the High Court had come to the conclusion that since section 39 occurs in Chapter VI which deals with employment, the expression ‘seats’ in section 39 would really mean “posts” and therefore the question of reservation of seats in educational institutions did not arise. The High Court had accordingly dismissed the petition. The case then came to the Supreme Court.

Observations of the Court

The Court examined Section 39 of the Act and held that it dealt with the question of reservation of seats for persons with disabilities in educational institutions of the Government and other institutions receiving aid from the Government. According to the Court the language in the Act was clear and unambiguous. The Court held that the High Court had erred in construing Section 39 of the Act as relating to reservation in Government employment and not to admission of students in educational institutions.

The judgment of the Kerala High Court was accordingly set aside and the Court held that all Government educational institutions as well as educational institutions receiving aid from Government should comply with the provisions under Section 39 of the Act. The appeal was accordingly allowed.

Sections Referred:

  • Sections 33 & 39 of the Persons with Disabilities Act, 1995

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