IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 6088 of 2010(I) ------------------------- PETITIONER(S): ----------------------- REHMATH E.M, W/O. DASAN M.K., ENGAKKATTIL HOUSE, THIRUVILWAMALA P.O., THRISSUR DIST. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. R3 BY STANDING COUNSEL MR.ALEXANDER THOMAS GOVERNMENT PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT S. SIRI JAGAN, J ---------------------- W.P.(C.) No. 6088 of 2010 --------------------------------- Dated this the 18th day of March 2010 J U D G M E N T The petitioner claims to be a physically challenged person certified to have 55% disability as per Ext.P4 disability certificate. The petitioner has applied for selection to the post of Higher Secondary School Teacher (Junior) in Hindi, ranklist in respect of which has been published. The petitioner has been included in the supplementary list for Muslims. The petitioner submits that statutorily 3% of the vacancies should be set apart for physically handicapped persons which have not been done. The petitioner, therefore, seeks a direction to advice the petitioner to one of the vacancies available, reserving the same for physically handicapped persons. 2. The Counsel for the Public Service Commission submits that no provision has been made in this selection for reservation of physically handicapped persons. They admit that such a reservation should have been made and the 33rd, 66th & 99th rotation points should be filled up by physically handicapped W.P.(C) No.6088 of 2010 -2- persons. But they would contend that since the petitioner was included only in the supplementary list for Muslims, a special list for physically handicapped persons has to be prepared after considering all the physically challenged persons who have participated in the selection process, which they are prepared to do within five months. 3. I have heard all parties. 4. In the facts and circumstances of the case, I feel it is only appropriate that the PSC prepares a special list for physically challenged persons from among the physically challenged candidates who have applied for selection and fills up the 33rd, 66th & 99th turns from candidates from that list in accordance with their ranking. That process shall be taken up and completed as expeditiously as possible, at any rate, within five months. Till then the 33rd, 66th & 99th rotation points shall not be filled up. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Jvt