IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 11999 of 2008(C) PETITIONER: ---------------- K.RANJITH, AARITHA NIKETHAN, THRITHALA (PO), PALAKKAD DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVT. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF EMPLOYMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT EMPLOYMENT OFFICER, CIVIL STATION, PALAKKAD. 4. THE TOWN EMPLOYMENT OFFICER, POST OFFICE ROAD, SHORNUR. 5. THE CHAIRMAN KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN R5 BY SRI.ALEXANDER THOMAS - SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.11999 of 2008 ------------------------- Dated this the 8th day of April, 2008. JUDGMENT The petitioner is a deaf and dumb person. He aspires for a government job. According to him, he has registered himself in the Employment Exchange. Three per cent of the posts are reserved for physically handicapped persons going by Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. Government has also issued G.O.(P)No.20/98 providing for special recruitment for physically handicapped persons. 2. The grievance highlighted by the petitioner in this case is that the vacancies which are reserved for physically handicapped persons in terms of Section 33 of the Disabilities Act are to be filled up by physically handicapped, without it being subjected to communal reservation in terms of Rules 14 to 17 of the Kerala State and Subordinate Services Rules. Learned counsel for the petitioner refers to Ext.P2 judgment of the Supreme Court, indicating that the question of making any further W.P.(C).NO.11999/08 :: 2 :: reservation on the basis of caste, creed or religion ordinarily may not arise. He submits that presently the special recruitment undertaken for physically handicapped persons is amongst persons who are sponsored by the Employment Exchange and the Employment Officers apply the principles of reservation in sponsoring such persons. He, therefore, submits that there has to be a clarification by the Government that there shall not be further reservation amongst the physically handicapped. The ratio of 1 : 1 : 1 is to be maintained among physically handicapped persons in terms of Section 33 of the Disabilities Act. Ext.P5 is a representation made before the Government. 3. Having heard the learned Government Pleader also, the writ petition is disposed of directing the petitioner to submit a copy of Ext.P5 representation before the 2nd respondent within a period of two weeks from today in which case, it shall be taken note of and appropriate decision shall be taken within a period of six months thereafter. W.P.(C).NO.11999/08 :: 3 :: The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy//