Thiruvananthapuram: Kerala High Court ruled that Akshaya centre reservation is not legally mandatory for women or persons with disabilities (PwDs). The Court said there is no law requiring such reservation because the allotment of Akshaya Centres is a contractual arrangement and not government employment. The judgment clarifies the legal position under the Constitution of India and the Rights of Persons with Disabilities Act, 2016.
Akshaya Centre Reservation: Key Highlights of the Kerala High Court Ruling
- Kerala High Court said reservation for women and PwDs is not compulsory in Akshaya Centre allotment.
- The Court held that Akshaya Centre allotment is a contractual arrangement, not a government job.
- Therefore, Article 16 of the Constitution does not apply.
- The Court dismissed two writ petitions challenging the selection process.
- The ruling was delivered by Justice Bechu Kurian Thomas.
Details of Akshaya Centre Reservation Case
The case challenged the Kerala government’s notification inviting applications for new Akshaya Centres. The petitioners argued that the selection process should include reservation for women and persons with disabilities. They also questioned the percentage of reservation provided for Scheduled Castes and Scheduled Tribes.
Akshaya Centre Reservation: What Did The Kerala High Court Rule
The Court ruled that there is no legal provision that makes reservation compulsory for women or persons with disabilities while allotting Akshaya Centres. It said an Akshaya Centre is not a government post or public employment. Instead, it is a contractual privilege given to eligible applicants under a government scheme.
Why Did The Court Say Article 16 Does Not Apply?
Article 16 of the Constitution guarantees equality of opportunity in public employment. The Court explained that since Akshaya entrepreneurs are not government employees, Article 16 cannot be used to demand reservation in the allotment process.
What Did The Court Say About Reservation For Women
The Court referred to Article 15 of the Constitution, which allows the State to make special provisions for women. However, it clarified that Article 15 does not make such reservation compulsory in every government scheme. If a scheme or guideline does not provide reservation, the selection process cannot be declared illegal only for that reason.
What About Persons With Disabilities
One petitioner argued that reservation should be provided under the Rights Of Persons With Disabilities Act, 2016. The Court found that the Act does not require reservation in contractual allotments like Akshaya Centres. Therefore, the claim could not be accepted.
Akshaya Centre Reservation: What Did The State Government Tell The Court
The Kerala State IT Mission informed the Court that:
- Women candidates already receive additional weightage during selection.
- The government had sought advice on reservation for persons with disabilities.
- Once clear policy guidelines are prepared, a special selection drive for eligible PwD entrepreneurs may be conducted.
What Are Akshaya Centres?
Akshaya Centres are digital service centres operated under the Kerala State IT Mission. They help citizens access online government services, digital payments, certificates, and other public services, especially in rural and remote areas.
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