IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 23958 of 2009(L) -------------------------- PETITIONER(S): --------------- K.H.LATHEEF, BLOCK NO.515, KALLAR P.O., IDUKKI. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 3. PRINCIPAL, T.D.MEDICAL COLLEGE, ALAPPUZHA. 4. EMPLOYMENT OFFICER, EMPLOYMENT EXCHANGE, IDUKKI. GOVERNMENT PLEADER SRI. SANDESH RAJA - FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 23958 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th day of March, 2010. J U D G M E N T The petitioner has filed a memo to withdraw the writ petition on the ground that certain mistakes have crept into the writ petition. The learned Government Pleader has filed an objection to the same as follows: “It is submitted that the petitioner filed the writ petition with a prayer for a declaration to provide reservation as provided in Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 to the post of Hospital Attendant Grade II in the T.D. Medical College, Alappuzha, relying on Ext. P1 certificate dated 15-5-01 which shows that the permanent disability of the petitioner as certified by the Medical Board as 45%. Ext. R2(a) certificate, which is a subsequent certificate, issued by the Standing Disability Assessment Board shows only 10% and hence he is not entitled the benefit of the provisions of persons of Disabilities Act. The petitioner in the writ petition has wilfully suppressed the certificate issued to the petitioner on 13-8-07. Hence the relief sought for in the memo cannot be granted. Hence, it is humbly prayed that this Hon'ble Court may be pleased to dismiss the memo dated 17-2-2010 filed by the petitioner.” 2. I am of opinion that the petitioner ought to have disclosed the fact that he had obtained another certificate Ext. R2(a) which shows his disability as only 10%. Therefore, he is guilty of suppression of material facts, for which he is liable to be taken to task. However, taking a lenient view, I drop further proceedings in the matter. Accordingly, the writ petition is dismissed as withdrawn. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.