IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 W.P.(C).No.23075 of 2006(S) ---------------------------------------- O.A.594/2005 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH (ORDER DATED 13.6.2006) .................... PETITIONER:- ------------------- M.P. NAJMUDDIN, AGED 24 YEARS, S/O. U. ABDURAHMAN, MELAPANDARAM AGATTI ISLAND, UNION TERROTIRY OF LAKSHADWEEP. BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENTS:- ------------------------- 1. UNION OF INDIA, REP. BY ADMINISTRATOR, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP, SECRETARIAT, KAVARATTI ISLAND-682 555. 2. IRSHAD BEGUM M.V., ANDROTH ISLAND, U.T. OF LAKSHADWEEP (SL NO.4, ROLL NO.311 IN SELECT LIST - GENERAL CATEGORY). 3. CHERIYABI P.P., KALPENI, U.T OF LAKSHADWEEP (SLNO.24 IN SELECT LIST OF GENERAL CATEGORY, ROLL NO.233). 4. SAJEEDA N.P., KAVARATTI ISLAND, U.T. OF LAKSHADWEEP (WAIT LIST NO.1 IN GENERAL CATEGORY). 5. FATHIMA R.P., AGATTI ISLAND, U.T. OF LAKSHADWEEP (WAIT LIST NO.2 IN GENERAL CATEGORY). 6. FATHIMA K., ANDROTT ISLAND, U.T. OF LAKSHADWEEP, (WAIT LIST NO.3 IN GENERAL CATEGORY). R1 BY STANDING COUNSEL SRI.S.RADHAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- WP(C).No. 23075 of 2006(S) APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1: TRUE COPY of the OA 594/2005 FILED BY THE PETITIONER IN THE C.A.T, ERNAKULAM BENCH, ALONG WITH ANNEXURE EXT.P2: REPLYSTATEMENT FILED BY THE RESPONDENT IN OA.594/05 EXT.P3: TRUE COPYOF THE REJOINDER FILED BY THE PETITIONER'S EXT.P4: TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BYTHE RESPONDENT IN MA 247/06 IN OA 594/05 FILED BY THE PETITIONER. EXT.P5: TRUE COPY OF THE ORDER OF CAT, ERNAKULAM, DATED 13.6.2006 IN OA 594/05 FILED BY THE PETITIONER RESPONDENTS' EXHIBITS:- --------------------------------------- NIL. TRUE COPY jma C.N.Ramachandran Nair & K.Vinod Chandran, JJ. --------------------------------------- W.P.(C).No.23075 of 2006-Z --------------------------------------- Dated this, the 16th day of November, 2011 JUDGMENT C.N.Ramachandran Nair,J.: This writ petition is filed challenging the order of the Central Administrative Tribunal, approving the selection of 24 candidates as Lower Division Clerks, including one from the category reserved for physically handicapped. Petitioner's case before the Tribunal and before us is that he is a physically handicapped person, entitled to be considered for appointment in the category reserved for them. However, it is seen from the counter affidavit that the petitioner, along with other candidates, wrote the examination and participated in the practical test, i.e. typing. However, the petitioner was eliminated because he has not passed the Typing Speed Test. The petitioner's contention that the 2nd respondent selected under the disabled quota should be given appointment in the merit quota lacks any merit and secondly even if this prayer is allowed, the petitioner is ineligible to be considered as he has WP(C).23075 of 2006-Z - 2 - not passed the Typing Speed Test. There is nothing to indicate that posts in the reserved category could be given to persons who failed in the test or in other words, to persons who are not qualified. So much so, we do not find any merit in the writ petition and the same is dismissed, confirming the order of the Central Administrative Tribunal. Sd/- C.N.Ramachandran Nair Judge Sd/- K.Vinod Chandran Judge. vku/-