IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 16077 of 2010(H) PETITIONER: NASIMOL.P.S, W/O.K.A.HUSSAIN, KATTUNGAPARAMBIL HOUSE, CHAMAKKALA.P.O, THRISSUR DISTRICT. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.P.M.ABDUL JALEEL (KODUNGALLUR) SMT.ISHA RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, SOCIAL WEFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 16077 OF 2010 H ------------------------------------------------------ Dated this the 13th day of October, 2010 JUDGMENT The petitioner is a physically challenged person. It is stated that she is qualified to be appointed as Junior Hindi Teacher. The petitioner registered her name with the Employment Exchange, Kodungallur. As requested by the District Employment Officer, the District Collector, Thrissur issued Ext.P4 memo dated 18.10.2007 to the petitioner directing her to be present for the interview/written test on 5.11.2007. The petitioner appeared on time for the interview/written test with all relevant certificates and documents, submits the petitioner. The interview/written test was not conducted. It is stated in the Writ Petition that the petitioner was told that the vacancy would be filled up by selection by the Public Service Commission and therefore the petitioner returned. On getting information that one post of Junior Hindi Part Time Teacher reserved for physically handicapped persons was vacant, the petitioner submitted Ext.P6 representation dated 1.4.2010 to the District Collector requesting him to take necessary steps for appointing the W.P.(C) NO.16077 OF 2010 :: 2 :: petitioner in the vacant post. Ext.P7 is not yet considered and disposed of. 2. The reliefs prayed for in the Writ Petition are the following: “(i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to proceed with Exhibit P4 memo and to consider the petitioner to the vacant post of part time Hindi Junior teacher reserved for physically handicapped and to complete the appointment processes as per Exhibit P4 memo. (ii) to issue such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 3. A statement dated 15.6.2010 is filed on behalf of the third respondent. It is stated in the statement thus: “2. One vacancy in the category of Junior Hindi (PT) reserved for physically handicapped persons has been reported to the District Collector as per letter dated 26.05.2007. This vacancy, as a matter of fact, is reserved for physically handicapped as per the ratio for W.P.(C) NO.16077 OF 2010 :: 3 :: appointment wide G.O.(P)No.20/98 dated 14.07.98. The said post has not been filled up till date. 3. It is submitted that a representation has been received from the petitioner dated 17.03.2010 through the District Collector's Public Grievance Redressal Cell for report. In the said representation, among other things, it is mentioned that though the petitioner is selected for the interview conducted by the District Collector for selection to the post of Junior Hindi (PT), the same has been cancelled on the ground that all such appointments has been transferred to Public Service Commission as per G.O.(P) No.31/2008/SWD dated 19.05.2008. 4. This respondent submits that now the petitioner is seen included in the rank list of Junior Hindi (PT) teacher published by the Public Service Commission during 2009 in the category of Physically Handicapped persons in Muslim list. On receipt of the petitioner's representation, opinion regarding her appointment has been sought from the District Collector. A reply has also been served on the petitioner. The District Collector, in his letter dated 27.03.2010 has given instructions to report all such types of vacancies directly to the Public Service Commission. Accordingly, clarification has been sought for from the Public Service W.P.(C) NO.16077 OF 2010 :: 4 :: Commission to fill up the vacancy reserved for physically handicapped person. The reply has not been received from the Public Service Commission.” 4. The Government issued G.O.(P) No.31/2008/SWD dated 19.05.2008. The said Government Order is referred to in the statement. The Government Order dated 19.5.2008 reads as follows: “GOVERNMENT OF KERALA Abstract Social Welfare Department Appointment of Physically handicapped persons against 3 per cent earmarked vacancies under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act -- selection process -- entrusted with Kerala Public Service Commission -- orders issued. --------------------------------------------------------------------------- SOCIAL WELFARE (A) DEPARTMENT G.O(P)No.31/2008/SWDDated,Thiruvananthapuram19.05.08 ---------------------------------------------------------------------------------- Read:- 1. G.O.(P)No.32/2007/SWD dated 28.06.2007 2. G.O.(P)No.50/2007/SWD dated 15.09.07. ORDER Government as per the order read as 1st paper W.P.(C) NO.16077 OF 2010 :: 5 :: above have inter alia ordered to entrust the selection process of Physically Handicapped persons to the 3 per cent earmarked vacancies that arose during the year 2004, 2005 and 2006 in Class I and Class II posts in Public Service to the Kerala Public Service Commission. As per the Government Order read as 2nd paper above, it was ordered to hand over to the Kerala Public Service Commission the selection process in respect of the 3 per cent vacancies earmarked for the Physically Handicapped persons in Class III and Class IV posts for the year 2004, 2005 and 2006. Government feel that the process of selection of the Physically Handicapped persons against the 3 per cent vacancies reserved for them in Class I, Class II, Class III and Class IV categories under the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act from 2004 onwards including those vacancies that are to arise in future, shall be entrusted with the Kerala Public Service Commission. Government are pleased to order accordingly. Government feel that the process of selection of the Physically Handicapped persons against the 3 per cent vacancies reserved for them in Class I, Class II, Class III and Class IV categories under the persons With W.P.(C) NO.16077 OF 2010 :: 6 :: Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act from 2004 onwards including those vacancies that are to arise in future shall be entrusted with the Kerala Public Service Commission. Government are pleased to order accordingly. The Government orders read above stand amended to this effect. By Order of the Governor Dr.USHA TITUS Secretary to Government.” 5. In the light of G.O.(P) No.31/2008/SWD dated 19.5.2008, which is not challenged by the petitioner, the reliefs prayed for in the Writ Petition cannot be granted in favour of the petitioner. The petitioner is included in the rank list and the petitioner would be entitled to get appointment as per her turn in the rank list. There cannot be any direction to the District Collector to complete the process of selection only on the ground that Ext.P4 memo was issued to the petitioner. There is no vested right in the petitioner to get a direction to the District Collector to complete the process of selection as per Ext.P4. The petitioner herself had applied for appointment to the post as per the notification issued by the Public W.P.(C) NO.16077 OF 2010 :: 7 :: Service Commission. Having done so, the petitioner cannot turn round and say that the selection should be made by the District Collector, ignoring G.O.(P) No.31/2008/SWD dated 19.5.2008. For the aforesaid reasons, the Writ Petition is dismissed. (K.T.SANKARAN) Judge ahz/