IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 17380 of 2009(N) -------------------------------- PETITIONER: -------------- KERALA FEDERATION OF THE BLIND, KUNNUKUZHI P.O. TRIVANDRUM REPRESENTED BY ITS GENERAL SECRETARY R.SASIDHARAN PILLAI, S/O. P.K. RAGHAVAN PILLAI, AGED 57 YEARS. BY MS.SANDHYA RAJU, ADVOCATE. MS.CAROLIN SINDHU VAZ, ADVOCATE. RESPONDENTS: ------------------ 1. PRINCIPAL SECRETARY, HIGHER EDUCATION GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. VICE CHANCELLOR, M.G.UNIVERSITY, ATHIRMPUZHA, KOTTAYAM. 3. PRINCIPAL MAHARAJAS COLLEGE, M.G.ROAD, ERNAKULAM. BY MR.DILIP MOHAN, GOVERNMENT PLEADER. MR. T.A.SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.17380/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE GOVT. LETTER BEARING No.25331/F3/8/H.EDN. DTD. 30.09.1985 FROM THE COMMISSIONER AND SECRETARY TO THE GOVT. ADDRESSED TO THE REGISTRAR OF THE UNIVERSITY. EXT. P2 : COPY OF GOVERNMENT ORDER DTD. 30.08.2008 BEARING No.G.O.(Ms) No.107/08/H.Edn. EXT. P3 : COPY OF THE RULES AND REGULATION ISSUED BY 3RD RESPONDENT COLLEGE. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17380 OF 2009 --------------------------------------- Dated this the 4th day of December, 2009. J U D G M E N T The petitioner herein is the Kerala Federation of the Blind represented by its General Secretary. The Association represents visually impaired people. 2. The main complaint raised in the writ petition is that the reservation as applicable to the visually impaired is not being followed resulting in hardship to them. It is pointed out in the writ petition that Exhibits P2 and P3 are in violation of the Government letter Exhibit P1. 3. In the statement filed on behalf of the 1st respondent as directed by this Court, it is explained that 3% reservation for physically challenged candidates for admission to degree and P.G. courses was incorporated in the community based reservation as per Annexure-A Government Order. But, this Government Order was cancelled and fresh Government Order was issued as per Annexure-B. In the said Government Order, it is specially stated W.P.(C) No.17380/2009 2 that 3% of the total seats will be set apart exclusively for physically handicapped students. The remaining seats will be considered as single unit for providing reservation mentioned in the Government Order. The said Government Order was communicated to the concerned Universities for implementation. 4. Learned Standing Counsel for the University submitted that the Government Order will have to be implemented by the authorities of the College. In the light of Annexure-B order, the main grievance raised by the petitioner in the writ petition has been redressed. Therefore, this writ petition is closed with liberty to move again if required. T.R. RAMACHANDRAN NAIR JUDGE smp