IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 39288 of 2003(B) -------------------------- PETITIONER(S): ---------------------- RAJESH. C.M., CHIRAYIL HOUSE, VETTITHURUTH, CHANGANACHERRY P.O., KOTTAYAM DISTRICT. BY ADV. SRI.M.K.SUCHEENDRAN SRI.K.RAVINDRANATHAN NAIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KOTTAYAM. 3. STATE COMMISSIONER (FOR PHYSICALLY HANDICAPPED) SECRETARIAT, ANNEX, THIRUVANANTHAPURAM. 4. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R4 GOVERNMENT PLEADER SRI.ARAVINDKUMAR BABU FOR R1,2,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.39288/03 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHYSICALLY HANDICAPPED CERTIFICATE ISSUED FROM THE MEDICAL COLLEGE, HOSPITAL, KOTTAYAM. EXT.P2: GOVT.ORDER DATED 14.7.98 FIXING NOT LESS THAN 3% RESERVATION TO P.H. IN PUBLIC APPOINTMENTS. EXT.P2A: APPENDIX TO EXT.P2. EXT.P3: GOVT.ORDER DT 29.3.99, VACANCY ADVISED BY THE PSC FOR THE YER 1998. EXT.P3A: APPENDIX TO EXT.P3. EXT.P4: COMMUNITY CERTIFICATE DT 23.1.02. EXT.P5: DEGREE CERTIFICATE FROM M.G.U. EXT.P6: REPRESENTATION TO D.C.KOTTAYAM. EXT.P7: PROCEEDINGS OF THE DISTRICT COLLECTOR, KOTTAYAM DATED 30.12.2002 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 39288 OF 2003 (B) ===================== Dated this the 27th day of July, 2010 J U D G M E N T The prayer sought in the writ petition is to direct respondents 1 to 4 to appoint the petitioner in anyone of the existing Class III posts. Petitioner claims appointment as a physically handicapped person. According to the petitioner, 25 posts were reserved for appointment for physically handicapped persons and that 2nd respondent appointed only five physically handicapped persons and without following communal rotation as required under the KS & SSR. 2. Counter affidavit has been filed. It is stated that 25 class III vacancies (23 district wise and 2 state wise) and one Class IV vacancy were got reserved from Government for recruitment of physically handicapped persons. It is stated that out of 25 Class III posts, recruitment was made to 22 class III posts and that 2 Class III posts under the state wise selection could not be filled up as the posts were not got reserved from the District Officers in time for recruitment. It is also stated that one Class III post under district wise selection could not be filled up for WPC No. 39288/03 :2 : want of eligible candidates. Proceeding further, it is stated that the implementation of the scheme for appointment for physically handicapped persons by direct recruitment for the year 1998 1999 and 2000 were completed within the time prescribed in GO (P) No.20/98/P&ARD dated 14/7/98. Thus, it is obvious that there is no laxity on the part of the respondents in making recruitment as per the scheme. 3. As far as the violation of communal rotation is concerned, it is stated that 3% reservation to physically handicapped is a statutory reservation and the other provisions of communal rotation is applicable. In the light of the averments in the counter affidavit, the writ petition is only to be dismissed and I do so. ANTONY DOMINIC, JUDGE Rp