IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WA.No. 1484 of 2008 --------------------------------- AGAINST THE JUDGEMENT IN WPC.35134/2007 Dated 06/05/2008 .................... APPELLANT/PETITIONER: VIJAYADAS.A.R, CHAMAVILA VEEDU, NALLOORVATTOM, PALAMOODUKARA P.O,, VIA.AMARAVILA, THIRUVANANTHAPURAM-695 126. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS/RESPONDENTS: 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM. 4. THE DISTRICT MEDICAL OFFICER OF HEALTH, THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER THOMAS FOR R2, & R3 BY GOVT. PLEADER SRI.K.SANDESH RAJA FOR R1 & R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- W.A.No.1484 of 2008 --------------------------------- JUDGMENT Koshy, J. The contention of the appellant is that in all Class IV vacancies, physically handicapped persons have got 3% reservation. If that be so, the appellant/petitioner being a physically handicapped person is entitled to be considered for appointment as Junior Health Inspector Grade-II. The learned single Judge stated that the appellant cannot be considered for appointment in the general recruitment, but can be considered separately. The appellant relied on G.O.(P)No.31/2008/SWD dated 19th May, 2008, wherein it was stated as follows: “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 WA 1484/08 2 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.” But the above order will not show that to all the posts in Class I, Class II, Class III and Class IV categories the benefit of reservation is available. It is stated that against the 3% vacancies reserved for physically handicapped persons in Class I, Class II, Class III and Class IV categories, future vacancies also should be considered while giving appointment and that function was entrusted with the Kerala Public Service Commission. Therefore, the post to which the appellant/petitioner is claiming appointment should be one reserved for the WA 1484/08 3 physically handicapped person. The Government Order G.O.(P)No.20/98/P&ARD dated 14th July, 1998, categories the posts which are reserved for physically handicapped persons. The post of Junior Health Inspector Grade-II is not reserved for appointment of physically handicapped persons. Therefore, even otherwise, appellant/petitioner is not entitled to be considered in the reserved category for appointment to the post of Junior Heath Inspector Grade-II. Hence, the writ appeal is dismissed. (J.B.Koshy, Judge) 18th September, 2008 (K.P.Balachandran, Judge) tkv