IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 22713 of 2007(D) -------------------------- PETITIONER: ------------ JYOTHISH C.S., S/O.P.SASIDHARAN NADAR, HOUSE NO.3/333, PARAMBATH HOUSE, KOOTTALLUR, OORAKAM KEEZHMURI POST, MALAPPURAM DISTRICT. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE, THIROORANGADI. 3. THE DISTRICT MEDICAL OFFICER, MANJERI, MALAPPURAM DISTRICT. 4. THE DIRECTOR OF HEALTH SERVICES, HEALTH AND FAMILY WELFARE (F) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 22713/07 APPENDIX PETITIONER'S EXHIBITS:- P1: True copy of the disability certificate of the petitioner. P2: True copy of the identity card issued by the Malappuram Employment Exchange. P3: True copy of the caste certificate of the petitioner. P4: True copy of the Government order G.O.(MS)No.265/2004/H & FWD dated 7-10-2004. P5: True copy of G.O.(MS) No.44/05/FWD dated 17-2-2005 P6: True copy of the request by the 3rd respondent to the 2nd respondent dated 20-1-2007 P7: True copy of the circular dated 24-5-2005 of the Joint Secretary, Health and Family Welfare (F) Department dated 24-5-2005 V. GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22713 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 JUDGMENT Petitioner is a physically handicapped person having 40% disability. He passed Higher Secondary Examination. He claims that he belongs to Nadar Community. The 3rd respondent District Medical Officer required the 2nd respondent Employment Officer, Thirurangadi to forward a list of applicants to the post of Part-time Sweepers. Though the petitioner was called for interview, according to the petitioner, by reason of Ext.P7 circular issued by the Health and Family Department he did not get a chance of being selected for the above post. He refers to the stipulation in Ext.P7 that “candidates having qualification above SSLC not to be selected”. He is also aggrieved by clause © of Ext.P7 circular. which stipulates that percentage of handicap should not exceed 20%”. It is in these circumstances that he challenges Ext.P7 circular. 2. The petitioner submits that Ext.P7 circular was issued on the basis of earlier Government Order dated 7-10-2006, which was cancelled under Ext.P5 Government Order. WPC 22713/07 2 3. Counter affidavit has been filed by the respondents. It is inter alia stated that as per the existing norms for provisional appointment of part-time Sweepers through Employment Exchange, the candidates having qualification above S.S.L.C. are not to be selected and the percentage of handicap should not exceed 20%. The petitioner cannot be considered for appointment as he has passed SSLC. As per the notification of Employment Exchange, he was required to produce non creamy layer certificate to prove his claim that he belongs to Hindu Nadar Community, but the petitioner did not produce the non creamy layer certificate at the time of interview. Hence, he was not selected. It is also stated that Ext.P7 circular is not merely on the basis of the earlier Government Order dated 7-10-2006. 4.Having heard the learned counsel for the petitioner and the learned Government pleader, I am of the view that there is nothing wrong in the norms laid down under Ext.P7 circular. It cannot be said that the Health and Family Welfare Department is incompetent to issue Ext.P7 circular. If that be so, the respondents cannot be faulted with. WPC 22713/07 3 5. The learned counsel for the petitioner submits that stipulation in sub clause (d) in Ext.P7 to the effect that persons above 20% disability cannot be considered for the post is against the provisions of Persons with Disability (Equal Opportunities, Protection of Right and Full Participation) Act,1996. 6. In circumstances where the petitioner has passed his Higher Secondary Examination, he cannot be considered for the post of Part- time Sweeper in terms of Ext.P7 circular. Therefore, I do not think it is necessary to consider the above contention of the petitioner. The writ petition is bereft of merit and hence dismissed. V. GIRI, JUDGE. mn. WPC 22713/07 4