Sumesh V.K v. the District Employment Officer
Writ Petition (Civil) – Reservation for persons with benchmark disabilities – Section 34, Rights of Persons with Disabilities Act 2016
Case brief
What is this about?
Single-judge decision of the High Court of Kerala (D. K. Singh, J.), delivered 02.04.2025 in WP(C) NO. 31767 OF 2024, dismissing a writ petition by a person with 50% benchmark disability (Organic amnestic syndrome) who demanded disability reservation under Section 34 of the Rights of Persons with Disabilities Act 2016 for a lone part-time sweeper vacancy in the Bharatiya Chikithsa Department, Office of the District Medical Officer, Wayanad. Key points: maximum disability reservation is 4% of vacancies; no reservation can be worked out against a single vacancy. Keywords: benchmark disability, organic amnestic syndrome, 4% reservation, single vacancy, part-time sweeper, District Employment Exchange Kalpetta, District Medical Officer Indian Systems of Medicine Wayanad, RTI reply.
What did the court decide?
Where there is only one vacancy, no reservation can be worked out.