The Kerala High Court has dismissed a petition seeking reservation for persons with disabilities in the allotment of newly sanctioned Akshaya Centres, ruling that the state has no legal obligation to mandate quotas in contractual engagements without specific statutory or executive provisions.
In an order issued on July 28, Justice Bechu Kurian Thomas held that constitutional guarantees of equal opportunity under Article 16 apply exclusively to public employment and do not govern contractor selections. The court observed that while the state holds the authority to establish special provisions for disadvantaged groups through legislation or executive orders, the absence of such rules does not invalidate a selection process designed to identify independent contractors.
The ruling came in response to a petition filed by an applicant claiming 60 percent locomotor disability who challenged a state notification authorizing 912 new Akshaya Centres across Kerala. Represented by advocates PA Mohammed Shah and Sahal Shajahan, the petitioner contended that the omission of reservations, preferences, or relaxations for individuals with benchmark disabilities violated the Rights of Persons with Disabilities Act and led to the exclusion of marginalized groups from state empowerment initiatives.
State Response and Proposed Measures
Appearing for the state authorities, Government Pleader Laya Mary Joseph told the court that officials had submitted a proposal to the Social Justice Department to incorporate disability reservations for new centres. However, the proposal received no response, preventing the inclusion of special reservations in the current selection process. The counsel stated that a special selection drive targeting specified categories will be launched once competent authorities formulate appropriate guidelines.
Contractual Nature of Akshaya Scheme
Addressing the legal status of the allotments, the court stated that receiving an Akshaya Centre constitutes a contractual arrangement and a privilege awarded to applicants who satisfy prescribed eligibility criteria. Because the selection is neither an appointment to a public office nor a form of government employment, no individual possesses an inherent right to an allotment. The judge noted that neither the Akshaya Centre scheme nor its existing guidelines contain reservation requirements, leaving the petitioner without statutory grounds to challenge the notification.
Functioning of the Akshaya Initiative
The Akshaya project is a flagship e-governance initiative of the Kerala Government implemented through the Kerala State IT Mission. Designed to bridge digital illiteracy and overcome technology access gaps, the project aims to generate sustainable grassroots self-employment while providing citizens with last-mile access to digital public services. The court emphasized that the initiative offers a platform for accessing government services rather than creating positions within government service.
