IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.K.DENESAN WEDNESDAY, THE 31ST JANUARY 2007 / 11TH MAGHA 1928 WP(C).No. 3266 of 2007(L) ------------------------- PETITIONER: ------------ BABU K.A., S/O. K.T.AUGUSTHY, KONNACKAL HOUSE, EDANAD P.O., (SCAVENGING WORKER, MEDICAL COLLEGE HOSPITAL, KOTTAYAM.) BY ADV. SRI.K.GOPALAKRISHNA KURUP RESPONDENTS: ------------- 1. THE DISTRICT MEDICAL OFFICER, OFFICE OF THE D.M.O., COLLECTORATE, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, AARPOOKARA, KOTTAYAM. BY GOVT. PLEADER SHRI. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.K.DENESAN, J. ----------------------------- WP(C)No. 3266 OF 2007 ----------------------------- Dated this the 31st January, 2007. JUDGMENT Heard both sides. 2. The petitioner who is working as Scavenger in the Medical College Hospital, Kottayam since 2002, apprehends that he will not be considered for selection to regular vacancies in the same post for the reason that he is now working in the establishment on daily wages. The stand taken by the respondents in a similar writ petition was that appointments can be made only from the list of candidates forwarded by the Employment Exchange and since the petitioner is already employed, his name cannot be included in the list to be furnished by the Employment Exchange. After considering the above contention also, this Court in the judgment dated 20.11.2003 in W.PC)No: 35446/2003(Ext.P4), directed that as and when the respondents consider steps for the regular selection of part-time workers as Scavenging Workers, the petitioners therein, who had registered their names in the Employment Exchange, will also be entitled to participate in the selection. 3. The petitioner is similarly situated like the petitioners in Ext.P4. It is submitted that they had WPC 3266/2007 2 registered their names in the Employment Exchange. If that is so, the petitioner also will be entitled to the benefit granted to the petitioners in Ext.P4 judgment. It is hereby ordered that the petitioner shall be permitted to participate along with other candidates sponsored by the Employment Exchange provided he has got registration through Employment Exchange. 4. The petitioner has got a case that he is a person with disability and is entitled to be considered against 3% quota reserved for such categories of candidates. It is not understood whether the respondent has earmarked vacancies for such categories. 5. Reserving the right of the petitioner to claim appointment against the quota reserved for persons with disability and directing the respondents to consider him for the post of Part time employee along with other candidates who are sponsored by the Employment Exchange this writ petition is disposed of. K.K.DENESAN Judge jj/jan