IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 27593 of 2007(I) -------------------------- PETITIONER(S): --------------- KRISHNA DAS. T., S/O. THANKAPPAN T.S., AGED 39 YEARS, KANDATHI PARAMBIL CHERAYIL, CHATHURTHIAKARY P.O., MANKOBU, ALAPPUZHA. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF MEDICAL EDUCATION, THIRUVANANTHAPURAM. 4. DISTRICT COLLECTOR, ALAPPUZHA. 5. DISTRICT MEDICAL OFFICER (HEALTH), ALAPPUZHA. R1 TO R5 BY GOVT. PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27593 of 2007 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE RELEVANT PAGE OF THE SSLC BOOK. P2 : COPY OF THE IDENTITY CARD OF THE EMPLOYMENT EXCHANGE, KUTTANAD P3 : COPY OF THE MEDICAL CERTIFICATE NO.919/2000 DATED 5.12.2000. P4 : COPY OF THE MEMO FOR INTERVIEW DATED 8.6.2007. P5 : COPY OF THE DISCHARGE CERTIFICATE OF TEMPORARY APPOINTMENT DATED 07.12.2002. P6 : COPY OF THE DISCHARGE CERTIFICATE OF TEMPORARY APPOINTMENT DATED 04.07.2005. P7 : COPY OF THE DISCHARGE CERTIFICATE OPF TEMPORARY APPOINTMENT DATED 02.05.2006. P8 : COPY OF THE DISCHARGE CERTIFICATE OF TEMPORARY APPOINTMENT DATED 07.09.2007 P9 : COPY OF THE MEMO DATED 05.02.2007. P10 : COPY OF THE GOVERNMENT LETER DATED 28.12.2004. P11 : COPY OF THE COMPLAINT TO DISTRICT COLLECTOR, ALAPPUZHA RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE smvd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.27593 OF 2007 ---------------------------------------------- Dated this the 27th day of June, 2011 JUDGMENT The petitioner is a visually disabled person with 40% disability. He applied for the post of Hospital Attender Gr.II in the District Government Hospital, Alappuzha, under the Health Department. He was not included in the rank list presumably on the reason that he is a visually disabled person. The petitioner, therefore, seeks the following reliefs: “I. Issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to consider the question of appointment of the petitioner as Hospital Attender Grade II in the Government District Hospital, Alappuzha under the Department of Health as per law and to include the name of the petitioner in the Rank list. II. To reserve 1 post of Hospital Attender Grade II till the disposal of the Writ Petition. III. To appoint the petitioner provisionally as Hospital Attender Grade II in the Government District Hospital, Alappuzha till the disposal of the Writ Petition”. 2. The contention of the petitioner is that the petitioner is not ineligible to be considered on the ground that he is suffering from visual disability and in any event, even if not in the reserved category of physically disabled person, the petitioner is entitled to W.P.(C)No.27593/07 2 be considered in the general category and simply because of the disability, the petitioner cannot be refused to be considered. He further points out that subsequently the Government themselves had identified this post as one which can be reserved for partially disabled category under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 3. No counter affidavit has been filed by the respondents. I have heard the learned Government Pleader also. The selection was in 2007. At this point of time, I do not think that the person, who has been selected and appointed, can be displaced to accommodate the petitioner. In the above circumstances, I dispose of this writ petition with a direction to the 5th respondent to consider the claim of the petitioner for appointment notwithstanding age bar or the fact that the petitioner has not been sponsored by the Employment Exchange, in the next selection. The 5th respondent shall, as and when a selection is contemplated, issue a communication to the petitioner directing the petitioner to participate in the selection process. S. SIRI JAGAN, JUDGE acd W.P.(C)No.27593/07 3 W.P.(C)No.27593/07 4