IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WA.No. 2435 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.22977/2008 DATED 07/10/2008. .................... APPELLANT/PETITIONER: ------------------------------------- JOSEKUTTY, VARAKUKALAPARAMBIL,POONJAR SOUTH.P.O, KOTTAYAM DISTRICT, PIN:686 582. BY ADV. MR.P.C.SASIDHARAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY MR. ALEXANDER THOMAS, SC, PSC, R2 BY SR.GOVERNMENT PLEADER MR. BENNY GERVACIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A. No.2435 OF 2008 ------------------------------ Dated this, the 19th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant was a candidate who applied for the post of Junior Inspector of Co-operative Societies in the department of Co-operation. The appellant was a graduate in Commerce with Co-operation as one of the subsidiary subjects. One of the prescribed qualifications for the post of Junior Co-operative Inspector was B.Com with Co-operation as special subject. The PSC took the view that the appellant's qualification is not the qualification prescribed under the Rules and therefore, he was not included in the final rank list published on 14.7.2008. But, he was included in the short list and called for interview. He is a person with 50% disability and has secured high marks in the written test and interview. According to the appellant, if he is included in the rank list, he is likely to be Rank No.2, because of his meritorious performance in the written test. The Division Bench, which W.A. No.2435/2008 - 2 - heard this appeal, noticing the special facts of this case passed the following interim order on 13.3.2009. “Appellant is a physically handicapped person with disability to the tune of above 50%. His one leg has been amputated. He is aged around 45. Appellant submits that he has obtained 95% marks in the written test. In the peculiar facts and circumstances as obtaining in this case as above appellant prays for an opportunity to approach the Government invoking Rule 39 of the General Rules. In the event of the appellant approaching the Government within a period of one month from today the matter will be looked into by the Government with notice to the appellant and appropriate orders in accordance with law will be passed within another two months.” 2. When the appeal came up for final hearing today, we heard the learned counsel on both sides. Having regard to the facts of the case, we think the Writ Appeal can be disposed of making the above interim order absolute. We do so. In case the decision of the Government is adverse to the appellant, he will be free to approach this Court again. In W.A. No.2435/2008 - 3 - that event, the contention that he is qualified as per the notification can also be urged by him. In other words, the disposal of the appeal in this manner will not prejudice the contentions of the appellant. The Writ Appeal is disposed of as above. . (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps