2012 LAB. I. C. 2516 ::(2012) 1 Ker LT 936 ::(2012) 2 Ker LJ 44 ::(2012) 2 SCT 541 ::(2012) 6 ServLR 768

Kerala High Court

Hon'ble Judge(s): A. M. Shaffique , J

( A ) Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act (1 of 1996) S. 47 (2) — Constitution of India, Art. 30 — Denial of promotion on ground of disability — Validity — Minority educational institution aided by Government is an “establishment” as defined under Act — Promotion on post of Headmaster — Disability cannot be ground to deny promotion — Note appended in Govt. Order holding that handicapped persons shall not be promoted as Headmaster of Special Schools, held violative of S. 47(2) and liable to struck down. (Paras131415)