The Kerala High Court that persons with disabilities are not entitled to reservations for government pleader and public prosecutor positions. The court emphasized that these roles require specific qualifications and are not subject to the usual reservation policies. It further stated that no one has an inherent right to be appointed to these posts. The verdict clarifies the legal position on disability reservations in such appointments.
The Kerala High Court recently dismissed two petitions requesting reservation for individuals with benchmark disabilities in the appointment of public prosecutors.
Justice DK Singh delivered the ruling, stating that the reservations outlined in the Rights of Persons with Disabilities Act, 2016 (RPwD Act) do not apply to these positions, as they are not part of cadre-based services.
The judge noted,
“The 4% reservation (under the RPwD Act, 2016) applies to vacancies in a cadre. The appointment of the Government Pleader and Public Prosecutor is not within a service that has a cadre strength, and there are no vacancies against which the 4% reservation under Section 34 of the Act of 2016 can be applied,”
He emphasized that no individual has the right to be appointed as a Government Pleader or Public Prosecutor, as these appointments are entirely at the government’s discretion.
According to the ruling issued on February 6, The judge further stated,
“The appointment of Advocates as Government Pleader or Public Prosecutor is at the government’s discretion, which acts as a client before the Court. The government is entitled to appoint the best Advocates for these roles to represent its interests. No one has the right to be appointed as Government Pleader and Public Prosecutor,”
Section 34 of the RPwD Act mandates that every government establishment reserve at least 4% of their total vacancies for individuals with benchmark disabilities, with specific percentages allocated to various disability categories.
This provision aims to enhance employment opportunities for people with disabilities in government roles.
The two writ petitions were filed with the Kerala High Court one by Shinu KR in 2022 and the other by Advocate Bino George in 2023 seeking such reservations for public prosecutors. The Kerala government, represented by Senior Government Pleader Bimal K Nath, opposed the petitions, arguing that the PwD reservations under the 2016 Act do not extend to non-cadre-based services like public prosecutors.
The Court concurred with the State’s stance, clarifying that the appointments of government pleaders and public prosecutors are contractual in nature, referencing the Supreme Court’s ruling in State of UP & ors v UP State Law Officers Association.
Additionally, the Court cited the Kerala Government Law Officers (Appointment and Conditions of Service) Rules, 1976, which do not provide for reservations for these posts.
Consequently, the Court dismissed the writ petitions. The petitioner Shinu was represented by advocates NN Sasi and Harishankar S, while Advocate Bino George was represented by a team of advocates including Manu Ramachandran, M Kiranlal, R Rajesh, Sameer M Nair, Geethu Krishnan, and Sailakshmi Menon.
Case Title: Mrs Shinu KR v State of Kerala & ors and connected cases