IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 21610 of 2010(A) -------------------------- PETITIONER(S): --------------- K.DEVADAS, CHANDAMPULLI, VENGODI, ELAPULLI, PALAKKAD. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 3. THE DISTRICT COLLECTOR, PALAKKAD PALAKKAD DT - 678 683. 4. SECRETARY, THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES, NEW DELHI. 5. THE COMMISSIONER FOR PHYSICALLY HANDICAPPED PERSONS, SECRETARIAT ANNEX, THIRUVANANTHAPURAM. 695 001. 6. THE EMPLOYMENT OFFICER, EMPLOYMENT EXCHANGE, PALAKKAD, PALAKKAD DT - 678 683. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21610 of 2010 (A) --------------------------------- Dated, this the 12th day of July, 2010 J U D G M E N T The petitioner claims to be a person with 40% disability and entitled to the benefit of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. According to him, he has already registered his name with the 6th respondent. The petitioner states that he made an application to the 5th respondent for employment opportunity and that in response thereof, he was given Ext.P5 reply stating that the appointments are being made by a Committee of which the District Collector is the Chairman. Thereupon, the petitioner submitted Ext.P6 representation to the 3rd respondent seeking appointment. There was no response to Ext.P6 and therefore, the writ petition has been filed. 2. Even if it is assumed that the petitioner is eligible for the benefit of the provisions of the Act referred to above, this Court cannot direct the 3rd respondent to appoint the petitioner. On the WP(C) No.21610/2010 -2- other hand, if there are vacancies in the identified posts to which physically handicapped persons are to be appointed, it is for the 3rd respondent to fill up the vacancies by making a request to the Employment Exchange and considering the eligibility of candidates sponsored by the Employment Exchange. Therefore, the prayer of the petitioner that he should be directed to be appointed cannot be granted. 3. Be that as it may, the 3rd respondent is directed to ascertain as to whether any vacancy is available in any one of the identified posts, to which persons like the petitioner are eligible, and if vacancies are available, it is directed that the 3rd respondent shall make appropriate requisition to the 6th respondent and fill up the vacancies from among the candidates sponsored by the 6th respondent. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg