IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WA.No. 979 of 2010 ---------------------- AGAINST THE ORDER IN WPC.15777/2010 Dated 24/05/2010 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. MUHAZIN P.M., PANACKAL HOUSE VARAPETTY PO, KOTHAMANGALAM. 2. K.P.SHAMEENA, KARUNNAPILLIYIL RAJAGIRI PO, KALAMASSERY PO, ERNAKULAM. BY ADV. SRI.S.ABDUL RAZZAK RESPONDENTS/RESPONDENTS: ----------------------------------- 1. GOVERNMENT OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT P & A.R. (A-C)DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT SOCIAL WELFARE DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER PUBLIC WORKS (R&B) THIRUVANANTHAPURAM 4. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY P.S.C OFFICE, PATTOM PALACE PO, THIRUVANANTHAPURAM, R1 TO R3 BY GOVERNMENT PLEADER SMT.SMITHA R4 BY STANDING COUNSEL SRI.ALEXANDER THOMAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 979 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2010 JUDGMENT J.Chelameswar, CJ. This appeal is preferred by the petitioners in WP(C) No.15777 of 2010 aggrieved by the order dated 24.05.2010. By the said order a learned Judge of this Court declined to grant an interim order as sought for by the writ petitioners. 2. The issue in the writ petition is regarding the legality of the process by which the posts of Draftsman Grade I are sought to be filled up by the respondents. Petitioners claim that they are entitled as a matter of right to a certain percentage of the posts in view of the provisions of the Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The learned counsel for the appellant argued that if the interim order is not granted and the posts are filled up, the appellants would be burdened with the responsibility of once again impleading the selected candidates notwithstanding the declaration given under the order under appeal that all appointments would be subject to the result of the writ petition. In the abovementioned factual background we deem it appropriate to direct the respondents not to make any advice WA No.979 of 2010 -:2:- regarding the filling up of two posts of Draftsman Grade II from Ext.P1 rank list. However, if the respondents are of the opinion that there is any candidate whose name figures in Ext.P1 rank list and who also belongs to the same category of persons with disability as the appellants herein but with superior merit than the appellants, the respondents are at liberty to fill up the abovementioned two posts also with such persons. We are also of the opinion that having regard to the nature of the issue involved, the writ petition itself is required to be heard and disposed of at an early date. The registry is directed to list WP(C) No.15777 of 2010 before the appropriate Bench on 14.07.2010. Respondents to file counter affidavit, if any, in the meanwhile. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb WA No.979 of 2010 -:3:-