Journalism of Courage
No law mandates quota in Akshaya Centre allotment: Kerala High Court dismisses plea
Dismissing a challenge to Akshaya Centre allotments, the Kerala High Court ruled that the scheme involves contractual engagement, not public employment requiring reservation.
The Kerala High Court held that the allotment of an Akshaya Centre was neither a form of employment nor an
appointment to an office under the state. (AI-enhanced Image)
The Kerala High Court has dismissed a disabled man’s challenge to the allotment of newly sanctioned Akshaya Centres in the state, holding that the government had no legal obligation to provide reservation while allotting Akshaya Centres in the absence of a law or an executive order in this regard.
Justice Bechu Kurian Thomas stated in the July 28 order, “Equality of opportunity under the constitutional scheme of Article 16 applies in matters of public employment. The said provision has no application when the engagement is as a contractor.”
The court held that though the government was empowered to make a special provision for women, etc, in these matters, such provisions could be created only by law or by government orders. “Though such special provisions can be made, either by legislation or by executive orders, the absence of such special provision for women cannot render a selection process to identify a contractor, as in the case of an Akshaya Entrepreneur, void or illegal,” the high court added.
The case arose after a man, who claimed to have 60 per cent locomotor disability, challenged a notification that allowed 912 new Akshaya Centres across the state. The petitioner alleged that the new Akshaya Centres had been allotted “arbitrarily” and “disproportionately” without providing for any reservation, preference or relaxation for persons with benchmark disabilities, despite such measures being mandated under the Rights of Persons with Disabilities Act.
Not including any reservation for persons with disabilities would lead to the exclusion of an already disadvantaged class from participating in state-sponsored empowerment programmes, he claimed. Advocates PA Mohammed Shah and Sahal Shajahan appeared for the man.
Justice Bechu Kurian Thomas stated that the man’s plea was not ‘legally tenable’ as he had no right to question the notification issued.
Government pleader, advocate Laya Mary Joseph, appearing for the authorities concerned, argued that a proposal was sent to the Social Justice Department to introduce a special reservation for persons with disabilities to start new Akshaya centres, but no reply was received, due to which the special reservation could not be included. The counsel submitted that once proper guidelines are framed by the competent authority, a special drive shall be conducted to select entrepreneurs from such specified categories.
No special provision: HC
The high court observed that the allotment of an Akshaya Centre was a form of contractual arrangement and a “measure of privilege” extended to the persons who were selected because they complied with certain eligibility conditions. According to the court, no one had a right to be allotted an Akshaya Centre because the allotment was neither an employment nor an appointment to a government office.
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It also noted that neither the Akshaya Centre scheme nor its guidelines specified any reservation and hence the selection could not be interfered with. The judge thus held that the man had no right to question the notification and had not been able to show any law or executive order which mandated the government to provide the reservation.
The Akshaya project was a “flagship e-governance initiative of the Government of Kerala, executed through the Kerala State IT Mission” and it aimed to “balance the dual goals of generating sustainable grassroots self-employment and delivering seamless last-mile citizen services,” the judge stated.
The scheme intended to “fill the gaps in computer skills and unequal access to technology to enable all in the society to use digital tools for their benefit…(It) addresses the issue of digital illiteracy and digital divide among the general public. There is no employment in Government service but only a platform for accessing various Government services,” the order said.
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