Kerala Government Reaffirms Commitment to Disability Reservation in Aided School Appointments
In a significant statement to the Kerala Legislative Assembly on Thursday, General Education and Labour Minister V Sivankutty declared the state government's unwavering commitment to implementing reservation for persons with disabilities in appointments within aided schools. The minister emphasized that this commitment is balanced with addressing the legitimate concerns of teachers appointed under the general category, all in strict adherence to judicial directives.
Historical Context and Legal Framework
Delivering a statement under Rule 300, Minister Sivankutty highlighted that disability reservation has been an integral part of school appointments in Kerala since 1996. This framework was significantly enhanced following the enactment of the Rights of Persons with Disabilities Act in 2016, which mandated more inclusive employment practices.
In government schools, appointments are conducted through the Public Service Commission (PSC) with mandated reservation norms. For aided schools, the government issued a specific order in 2018 to extend these same principles, ensuring parity across educational institutions.
Judicial Validation and Implementation
The 2018 order received robust judicial backing, being upheld by the Kerala High Court, including by a division bench. Subsequently, the Supreme Court accepted the order in 2021 after school managers withdrew their special leave petition, solidifying its legal standing.
Based on subsequent court rulings in 2022 and 2023, the government issued further detailed directions governing the appointment of persons with disabilities in aided schools and the approval process for general category appointments. The law clearly establishes an order of preference among different disability categories and stipulates that posts earmarked for persons with disabilities cannot be diverted to the open category unless eligible candidates are unavailable after following prescribed procedures.
Transparency and Administrative Measures
To ensure transparency and efficiency, the government has issued approximately 50 orders on this subject and published a comprehensive handbook detailing disability appointment procedures. Following an interim order from the Supreme Court in a related case, the state established state and district-level committees through a government order on March 24, 2025. These committees are tasked with ensuring time-bound completion of appointments in aided schools.
Remarkably, even before these committees became fully operational, around 1,500 persons with disabilities secured appointments through employment exchanges and direct recruitment by school managers, demonstrating proactive implementation.
Progress and Ongoing Litigation
In the first phase of recommendations by district committees, 431 qualified candidates from the disability category were recommended for appointment on January 24, with ongoing steps to fill remaining vacancies. Minister Sivankutty also addressed litigation involving the Nair Service Society (NSS), noting that the Supreme Court in March 2025 allowed approval of appointments made in general category posts, excluding those specifically reserved for persons with disabilities. However, this ruling was clarified to apply only to NSS managements.
The government has approached the Supreme Court seeking permission to extend this principle to similarly placed aided school managements. This case, which came up for hearing on February 2, has been adjourned to April 14. The minister expressed confidence in a positive outcome, underscoring the government's balanced approach to upholding reservation rights while ensuring fair treatment for all appointment categories.
