IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4540 of 2008(M) ------------------------- PETITIONER: ------------ SATHEESH.S.B., KALLARAKUTTIYIL HOUSE, NEDUVANNUR P.O., KOZHIKODE. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------------- W.P.(C).No.4540 of 2008 ------------------------------------------- Dated this the 11th day of February, 2008 JUDGMENT The petitioner, who is a physically handicapped person having 40% orthopedic disability, participated in a selection conducted by the second respondent for recruitment to the post of Hospital Attendant Grade II. The petitioner submits that 3% of the vacancies should have been reserved for physically handicapped persons in accordance with Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Not only was it not so done, but apparently, the respondent refused to consider any physically handicapped person for the post. This is illegal, it is contended. Petitioner has submitted Ext.P4 pointing out these aspects, before the first respondent. 2. Except for certain posts which may be completely unsuitable for physically challenged persons, there is no justification for keeping at bay, such persons from being WPC4540/2008 2 considered for selection undertaken in the normal course of business. After hearing the counsel on both sides, the writ petition is disposed of directing the first respondent to consider and take appropriate decision on Ext.P4 after hearing the petitioner within a period of six weeks from the date of receipt of a copy of this judgment. V.GIRI, JUDGE csl