The Kerala High Court elaborates on the inter se exchange and carry forward of reservations for persons with disabilities

Case: George Mathew v. State of Kerala

Coram: Justice Raja Vijayaraghavan

Case No.: WP(C) No. 27911 of 2023

Court Observation: “If a suitable candidate with that benchmark disability is still unavailable in the subsequent year, the vacancy may be filled through interchange among the categories of benchmark disabilities designated for reservation. In the event that no suitable candidate with a benchmark disability can be found to fill the vacancy in the succeeding year as well, the employer may proceed to fill the vacancy with a person other than an individual with a benchmark disability. If the vacancy is filled by a person with a benchmark disability of the category for which it was originally reserved or by a person from other benchmark disability categories through inter se exchange in the subsequent recruitment year, it shall be deemed to have been filled through reservation. However, if the vacancy is filled by a person other than an individual with a benchmark disability in the subsequent recruitment year, the reservation shall be extended for up to two additional recruitment years, following which the reservation shall cease.”

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The Kerala High Court elaborates on the inter se exchange