IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 18802 of 2009(U) ---------------------------------------- PETITIONER(S): ----------------------- JAYA P.C, W/O.JOSE GRAHARI VILAYIL KIZHAKKATHIL, MATHILIL PO, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O.,THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.SANDESH RAJA. R3 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2010, ALONG WITH WPC NO. 5847 OF 2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18802/2009-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DISABILITY CERTIFICATE DATED 23/06/1989 ISSUED BY THE MEDICAL BOARD, DISTRICT HOSPITAL, KOLLAM TO THE PETITIONER. EXT.P2: COPY OF THE RELEVANT PAGES OF THE PASS BOOK AND IDENTITY CARD ISSUED BY THE GOVERNMENT TO THE PETITIONER. EXT.P3: COPY OF THE M.SC. (ZOOLOGY) DEGREE CERTIFICATE ISSUED FROM KERALA UNIVERSITY. EXT.P4: COPY OF THE B.ED. DEGREE CERTIFICATE ISSUED FROM KERALA UNIVERSITY. EXT.P5: COPY OF THE CERTIFICATE OF SET EXAMINATION OF THE PETITIONER. EXT.P6: COPY OF THE IDENTITY CARD ISSUED FROM SPECIAL EMPLOYMENT EXCHANGE FOR PHYSICALLY HANDICAPPED IN KOLLAM TO THE PETITIONER. EXT.P7: COPY OF THE HALL TICKET ISSUED FROM PSC TO THE PETITIONER. EXT.P8: COPY OF THE CALL LETTER DATED 15/10/2007 ISSUED BY 3RD RESPONDENT TO THE PETITIONER. EXT.P9: COPY OF THE CREAMY LAYER CERTIFICATE OF THE PETITIONER. EXT.P10: COPY OF THE VERIFICATION SUBMITTED BY THE PETITIONER DATED 23/10/2007 TO THE 3RD RESPONDENT. EXT.P11: COPY OF THE RELEVANT PAGES OF THE RANK LIST ON 23/01/2008 ISSUED BY THE 3RD RESPONDENT. EXT.P12: COPY OF THE ORDER G.O.(P)NO.119/2205/SWD DATED 06/08/2005 ISSUED BY THE GOVERNMENT. EXT.P13: COPY OF THE G.O.(P)NO.32/2007/SWD DATED 26/06/2007 ISSUED BY THE GOVERNMENT. EXT.P14: COPY OF THE G.O.(P)NO.46/2008/SWD DATED 19/07/2008 ISSUED BY THE GOVERNMENT. EXT.P15: COPY OF THE APPLICATION DATED 29/05/2009 SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE 3RD RESPONDENT. EXT.P16: COPY OF THE COMMUNICATION DATED 12/06/2009 SENT BY THE 3RD RESPONDENT TO EXT.P15 APPLICATION. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 18802 of 2009 & 5847 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2010 J U D G M E N T In these writ petitions the petitioners seek advise to the vacancies available in the post of Higher Secondary School Teacher (Zoology-Junior) in the reservation turns for physically handicapped persons. Earlier, when the list was originally prepared, the PSC had not considered the question of reservation for physically handicapped persons. On 18.08.2009, 27.10.2009 and 01.03.2010, the standing counsel submitted that a special list for physically handicapped candidates is being prepared from among the physically handicapped applicants. Today the learned standing counsel for the PSC produced before me an addendum notification dated 22.03.2010 published by the Kerala Public Service Commission, publishing two rank lists of physically handicapped persons for the post of H.S.S.T (Zoology-Junior) in which the petitioner in W.P.(C) No. W.P.(C)No. 18802 of 2009 & 5847 of 2010 -2- 18802/2009 is included as the first rank holder among the orthopedic (lower extremities only) category and the petitioner in W.P.(C) No.5847/2010 has been included as the only candidate in the blind (low vision) category of physically handicapped candidates. In view of the above these writ petitions are disposed of with a direction to the PSC to advice the petitioners as and when their turn arises in accordance with the rank list. S. SIRI JAGAN JUDGE shg/