IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 30853 of 2010(F) -------------------------------------- PETITIONER: ------------------- JOY .T.C., SENIOR CLERK, PUNNATHARA SERVICE CO-OP. BANK LTD. 1712, PUNNATHARA EAST P.O., KOTTAYAM DISTRICT-686 583. BY ADVS. SMT.P.V.ASHA, SMT.VINITHA. B, SMT.LEENA RASHEED. RESPONDENTS: ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. 2. DISTRICT OFFICER, KERALA PUBILC SERVICE COMMISSION, KOTTAYAM. 3. DISTRICT CO-OPERATIVE BANK, KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER, PIN - 686 001. R1 & R2 BY SRI.ALEXANDER THOMAS,S.C, K.P.S.C, R3 BY SMT.P.K.RADHIKA.S.C, SRI. T.A. SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30853/2010-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DISABILITY CERTIFICATE DTD. 16/12/09 ISSUED TO PETITIONER. EXT.P.2: COPY OF THE EMPLOYMENT CERTIFICATE ISSUED BY THE BANK ON 01/10/2010. EXT.P.3: COPY OF THE RELEVANT PORTION OF THE RANKED LIST DTD. 06/01/10. EXT.P.4: COPY OF THE RELEVANT PORTION OF THE ADVICE CHART PUBLISHED IN THE WEBSITE OF R.1. EXT.P.5: COPY OF THE G.O.(P).NO.11/2009/SWD DTD. 10/02/2009 ALONG WITH RELEVANT PORTION OF ANNEXURE I. EXT.P.6: COPY OF THE G.O.(P).NO.8/2010/SWD DTD. 01/02/2010. EXT.P.7: COPY OF THE RELEVANT PORTION OF THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT) ACT 2010, PUBLISHED ON 28/04/2010. EXT.P.8: COPY OF THE REPRESENTATION DTD. 23/07/10 OF THE PETITIONER TO R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J ........................................... WP(C).NO.30853 OF 2010 ............................................ DATED THIS THE 23rd DAY OF FEBRUARY, 2011 JUDGMENT The petitioner, a person with disability had applied for appointment as Clerk/Cashier in District Co-operative Bank, Kottayam. After selection, he was included in Ext.P3 ranked list that was published on 31.12.2009. Ext.P3 ranked list will remain in force for a period of three years or till another ranked list is brought into force whichever happens first. The grievance voiced by the petitioner in this writ petition is that though under section 33 of the Persons with Disabiities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and Exts.P6 and P7 orders, the respondents were bound to reserve 3% of the vacancies for persons with disability, the same has not been done though the post of Clerk/Cashier is a post which can be reserved for persons with disability. In this writ petition, the petitioner seeks a declaration that he is entitled to be advised against the vacancies reserved for physically handicapped persons in Ext.P3 ranked list for appointment as Clerk/Cashier in District Co- Wpc 30853/2010 2 operative Bank, Kottayam. 2. The Kerala Public Service Commission has filed a counter affidavit. In paragraph 5 thereof, it is stated that the Commission has ordered to extend the benefit of 3% reservation to physically handicapped candidates who have been included in the ranked list for appointment to the post of Clerk/Cashier in District Co- operative Bank, Kottayam. It is stated that Commission has ordered that the reservation will be applicable to vacancies which are reported from 1.2.2010 onwards, that is from the date of Ext.P6 Government order. In paragraph 6 of the counter affidavit, it is stated that preparation of separate lists of physically handicapped candidates is in progress. 2. When this writ petition came up for hearing on 29.11.2010, this Court passed an interim order recording the submission made by the learned standing counsel for Kerala Public Service Commission that steps are afoot to draw up separate ranked lists of physically handicapped candidates whose names are included in Ext.P3 ranked list. In the nature of the stand taken by the Commission and submissions made at Bar, I dispose of the writ petition with a direction to the Kerala Public Wpc 30853/2010 3 Service Commission to prepare separate ranked lists of physically handicapped candidates for appointment to the post of Clerk/Cashier in District Co-operative Bank, Kottayam and publish the same expeditiously and in any event, within six months from today. The Commission shall, after the lists are drawn up and published, advise the candidates against the turns available for physically handicapped persons viz turns 33, 66 and 99 in respect of the vacancies reported and arising after 1.2.2010. Depending on the rank assigned to the petitioner, he shall be advised as and when his turn for appointment arises during the currency of the ranked list. P.N.RAVINDRAN, JUDGE lgk