IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 34151 of 2007(N) ---------------------------------------- PETITIONER(S): ----------------------- 1. R. VISWANATHAN ASSISTANT GRADE II UNIVERSITY OF CALICUT CALICUT UNIVERSITY P.O., 673 635. 2. PRAKASAN A.P., ASSISTANT GRADE II UNIVERSITY OF CALICUT CALICUT UNIVERSITY P.O., 673 635. BY ADV. SRI.C.S.ABDUL SAMMAD, SRI.V.D.BALAKRISHNA KARTHA. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O. R1 BY GOVT. PLEADER MR.NOBLE MATHEW. R2 BY ADV. SRI.SANTHOSH MATHEW, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 34151 of 2007(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEDICAL CERTIFICATE DATED 26/09/1991 ISSUED BY THE MEDICAL BOARD OF GENERAL HOSPITAL CALICUT OF THE 1ST PETITIONER. EXT.P2: COPY OF THE CERTIFICATE DATED 10/02/2000 ISSUED BY THE BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA, KOZHIKODE BRANCH TO THE 1ST PETITIONER. EXT.P3: COPY OF THE G.O.(P) NO.10/99/P&ARD DATED 17/05/1999. EXT.P4: COPY OF THE ORDER NO.AD.A1/14789/2006 DATED 07/06/2007. EXT.P5: COPY OF THE CERTIFICATE NO.AD.A1/5418/2000 DATED 15/11/2007 ISSUED BY THE ASSISTANT REGISTRAR (ADMN.) OF THE UNIVERSITY. EXT.P6: COPY OF THE DISABILITY CERTIFICATE DATED 30/11/1991 ISSUED BY THE MEDICAL BOARD, GOVERNMENT GENERAL HOSPITAL, KOZHIKODE. EXT.P7: COPY OF THE ORDER NO.AD.A1/14789/2006 DATED 14/06/2007 ISSUED BY DEPUTY REGISTRAR (ADMINISTRATION). EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT DATED 01/11/2007. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT DATED 02/11/2007. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 34151 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 20th day of October, 2011. J U D G M E N T The petitioners are physically handicapped persons. They have been appointed through employment exchange as Assistant Grade-II on daily wages in the respondent-University. They filed this writ petition at a time when they were threatened with termination from service, seeking the following reliefs: “i. issue a writ of mandamus or any other appropriate writ, order or direction to the respondents to regularize the services of the petitioners as Assistant Grade II against the posts reserved for handicapped persons under the persons with Disabilities Act, 1995. ii. Direct the respondents to reserve 3% of the total number of vacancies of Assistants for physically handicapped persons against the post of Assistant Grade II . iii. Direct the respondents to permit the petitioners to continue in the posts of Assistant Grade II in 3% of reserved vacancies for disabled persons.” 2. On 20.11.2007, I passed the following interim order: “It is not disputed that 3% of the posts have been identified as posts to be reserved for physically disabled persons and that the selection process is in progress. The petitioners submit that till regular selection is complete, petitioners may be permitted to continue in service in the vacancies reserved for physically handicapped persons. In support of their contentions, petitioners rely on Exts. P1 and P6 disability certificates which show that their physical disability has been assessed at about 40%. The standing counsel appearing for the 2nd respondent opposes the prayer. According to him, the petitioners were not engaged in recognition of their disability but only as general candidates under Rule 9(a)(i) of the KS & SSR through the employment exchange and therefore the petitioners' prayer W.P(C) No. 34151 of 2007 -: 2 :- cannot be allowed. Since posts have been identified as reserved for physically handicapped persons and the petitioners have proved that they are physically handicapped persons having disability about 40%, I feel that till regular hands join duty, the petitioners can be allowed to continue in the said posts reserved for physically handicapped persons. There would be an interim order to that effect.” In the said interim order, the contentions of the parties have been dealt with and findings entered. In the above circumstances, I am of opinion that the writ petition itself can be disposed of in terms of the interim order. Accordingly, this writ petition is disposed of in terms of the interim order dated 20.11.2007. Sd/- S. Siri Jagan, Judge. Tds/