IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 7895 of 2008(M) --------------------------------------- PETITIONER(S): ---------------------- P.K.THOMAS, S/O.KUNJUVAREED, AGED 59 YEARS, RESIDING AT PAINEDATH HOUSE, MARANGADAM, PUTHUVAPURAM P.O., KARUKUTTY, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.GEORGE RESPONDENT(S): ------------------------- 1. THE DISTRICT SUPPLY OFFICER, CIVIL STATION, KAKKANAD P.O. ERNAKULAM DISTRICT. 2. SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, GOVT.SECRETARIATE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY GOVT.SECRETARIATE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7895/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPLICATION DT. 2.11.07. P2:- COPY OF THE MEDICAL BOARD CERTIFICATE DT. 18.9.07. P3:-COPY OF THE TRATEMENT CERTIFICATE DT. 3.7.06. P4:- COPY OF THE DISCHARGE CERTIFICATE DT. 17.6.06. P5:- COPY OF THE APPLICATION DT. 1.3.08. /TRUE COPY/ P.S. TO JUDGE tss V.GIRI, J. ------------------------- W.P.(C).No.7895 of 2008 ------------------------- Dated this the 23rd day of October, 2008. JUDGMENT The petitioner is a physically disabled person. He applied for appointment as authorised retail distributor pursuant to Ext.P1 notification. The petitioner's case is that he should have been considered by the Licensing Authority under the Preferential category that is provided for under Clause 45(2a)(v) of the Kerala Rationing Order, 1966. The said provision reads as follows: “ Clause 45(2)(a)(v): Every 20th vacancy in the order of rotation specified under item (ii) in Sub Clause (2a) and intended to be filled up by appointing general candidates shall be filled up by appointments of candidates from Physically handicapped persons: Provided that if qualified candidates from among Physically handicapped persons are not available for such appointment such vacancy shall also be filled up by general candidates.” 2. Thus every 20th vacancy in the order of rotation specified in item (ii) in Sub-Clause W.P.(C).NO.7895/08 :: 2 :: (2a) and intended to be filled up by appointing general candidates is to be filled up from Physically handicapped persons. Thus, 5% of the seats, which are to be filled up by general candidates are reserved in favour of a Physically handicapped person. This provision was introduced with effect from 14.5.1996. 3. The writ petition proceeds on the premise that the percentage of Physically disabled persons must be applied to the total number of retail outlets in Ernakulam District. This may not be the correct position. The percentage of reservation available for Physically disabled candidates are to be applied to the vacancies. In other words, they are to be applied to the vacancies, which had arisen subsequent to the provision being introduced in the statute. But, here again, there is a difficulty brought about by reason of the fact that vacancies could not have arisen subsequent to 1996 and it is possible that this provision may not have been taken note of and appointments effected. It would now be difficult to disturb such appointments. W.P.(C).NO.7895/08 :: 3 :: 4. But, in the counter affidavit, it is admitted that there are, at present, 55 vacancies in Ernakulam District. This would take in the vacancy in Karukutty for which the petitioner had applied. In the light of the aforementioned statutory provisions, it is mandatory for the competent authority to apply the percentage statutorily prescribed to all those existing vacancies. Of course, this shall be done for the future vacancies also. 5. Pursuant to an interim order passed by this court, the appointment of an authorised retail dealer in Karukutty had been effected only on a provisional basis. It shall continue so till the process, as directed hereunder, is completed. 6. In the result, the writ petition is disposed of as follows: (1) The 1st respondent District Supply Officer shall draw up a list of authorised retail outlets, where vacancies are available, as stated in the counter affidavit. This shall be done within one month from the date of receipt of a copy of this judgment. W.P.(C).NO.7895/08 :: 4 :: (2) The percentage of reservation to be made available to Physically disabled persons, as mentioned in Clause 45(2)(a)(v) of the Kerala Rationing Order, shall be applied to the said vacancies and every 20th vacancy shall be set apart for a Physically disabled person. (3) The vacancies shall be arranged in the order in which the vacancies had arisen and therefore, the outlet where the vacancy had first arisen shall be listed against serial No.1 and so on and so forth. (4) Every 20th vacancy set apart in this regard shall be identified and reserved for Physically disabled persons and a notification specifying the number of vacancies set apart for Physically disabled persons shall be published. (5) The vacancy at Karukutty shall also be subjected to the same process. 7. The entire process, as outlined above, shall be completed within a period of four months from the date of receipt of a copy of this judgment. Once it is done and notified, the petitioner shall also be eligible to apply as a Physically disabled person and of course, his application shall be considered, as stated above. W.P.(C).NO.7895/08 :: 5 :: Till the process, as mentioned above is completed, the appointment of the retail dealer at Karukutty shall be continued on a provisional basis. Sd/- (V.GIRI) JUDGE sk/ //true copy//