The Kerala High Court has refused to grant interim relief in a petition seeking reservation for persons with disabilities in the allotment of new Akshaya Centres across the state. The Court observed that introducing a fresh reservation category through an interim order would not be appropriate at this stage of the selection process.
However, it has sought the State Government’s response on the issue, keeping the larger legal challenge alive. The case raises an important question on whether government-backed self-employment schemes should provide reservation benefits to persons with disabilities under the Rights of Persons with Disabilities Act, 2016.
Kerala High Court Refuses to Introduce Disability Reservation in Akshaya Centre Allotments
The Kerala High Court has declined to grant interim relief in a petition seeking reservation for persons with disabilities in the allotment of new Akshaya Centres across the state. While considering the matter, the Court observed that introducing a new reservation policy through an interim judicial order would not be appropriate, particularly when the government had already completed the notification process for inviting applications.
Background of the Dispute
The case was filed by a petitioner with a locomotor disability who challenged the Kerala Government’s decision to establish hundreds of new Akshaya Centres without earmarking any quota for persons with disabilities. The petitioner argued that the notification inviting applications reserved opportunities for Scheduled Castes and Scheduled Tribes but did not provide any reservation for disabled applicants.
According to the plea, this omission was inconsistent with the objectives of the Rights of Persons with Disabilities Act, 2016, which seeks to promote equal opportunities and affirmative measures for persons with disabilities.
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Petitioner’s Main Arguments
The petitioner contended that:
- Akshaya Centres are created and regulated by the State Government.
- The centres generate self-employment opportunities under a government initiative.
- Since the State controls the selection process, it should ensure that persons with disabilities receive appropriate reservation benefits.
- Excluding disabled candidates from any reserved category defeats the purpose of inclusive public welfare policies.
Court’s View on Interim Relief
The Kerala High Court did not accept the request for an interim direction introducing a disability quota during the ongoing selection process.
The Court indicated that creating an entirely new category of reservation at the interim stage would have wider administrative consequences. Such a decision, it observed, requires detailed examination after hearing all concerned parties rather than being introduced through a temporary order.
Government Asked to Respond
Although interim relief was refused, the Court did not dismiss the challenge. Instead, it directed the State Government to file its response explaining:
- The basis for the allocation of new Akshaya Centres.
- The absence of reservation for persons with disabilities in the notification.
- The policy considerations behind the existing selection framework.
The matter has been listed for further hearing after the government files its reply.
Why the Case Matters
The litigation raises broader questions regarding the implementation of disability rights in government-sponsored entrepreneurship schemes. Rather than seeking appointment to a government post, the petitioner argues that state-controlled livelihood opportunities should also reflect the principles of inclusion embodied in disability rights legislation.
The High Court’s final decision could clarify whether reservation policies under the Rights of Persons with Disabilities Act extend to government-supported entrepreneurial initiatives such as Akshaya Centres.
Current Status
For now, the application process for the notified Akshaya Centres continues without a separate reservation for persons with disabilities. The Kerala High Court has kept the main petition pending and will consider the legal issues after receiving the State Government’s detailed response.