IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 2122 of 2008(C) ------------------------- PETITIONER(S): --------------- JAMAL P.C., PARACHALIL HOUSE, KUTTIYADI P.O., VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, TRIVANDRUM. 2. THE DISTRICT MEDICAL OFFICER (HEALTH) KOZHIKODE. 3. VALSALA.B., THAIPPALAN PUTHEN VEEDU, KODANGAVILLA P.O., NEYYATTINKARA. GOVERNMENT PLEADER FOR R1 & 2 SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON 20/12/2010 DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF CERTIFICATE ISSUED BY THE CHAIRMAN OF THE MEDICAL BOARD DT.18.12.2004 EXT.P2-TRUE COPY OF THE CERTIFICATE ISSUED BY DR. P. SOMASUNDHARAN, MEDICAL OFFICER, PHC, VELOM. EXT.P3-TRUE COPY OF IDENTITY CARD ISSUE DBY THE EMPLOYMENT OFFICER, VADAKARA. EXT.P4-TRUE COPY OF MEMO ISSUED BY THE 2ND RESPONDENT DT.24.9.2007 EXT.P5-TRUE COPY OF ORDER DT.15.12.2007 EXT.P6-TRUE COPY OF PRINT OF FAQ OBTAINED FROM THE GOVERNMENT WEBSITE EXT.P7-TRUE COPY OF COMMUNICATION OF MEDICAL OFFICER, PHC KAYAKOPDI DT. 1.1.2008 // TRUE COPY / P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2122 of 2008-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2010. JUDGMENT The petitioner herein is a physically handicapped person having 40% locomotor disability as assessed by the Medical Board. Ext.P1 is the copy of the medical certificate. Ext.P2 is the copy of another certificate issued by the Medical Officer, Primary Health Centre, Velom certifying that the petitioner is capable of doing all work related to Attenders in Health Department. By Ext.P4 memo dated 24.9.2007 the petitioner was invited to attend the interview for the post of Hospital Attender Grade II by the second respondent, based on his registration with the Employment Exchange. But in the select list Ext.P5, he was not included. Even though he was called for participation in the interview for appointment to the post of Part-time Sweeper on 15.11.2003 and 11.1.2005 as well as on 25.1.2007 he did not get the selection. This writ petition is filed seeking for appropriate direction to the respondents to conduct a fresh selection for the post of Hospital Attendant Grade II pursuant to Ext.P4 memo. 2. The second respondent has filed a counter affidavit. Reliance is placed on Government Circular No.35186/F2/05/H& FWD dated 5.12.2006 wpc 2122/2008 2 which insists not to select candidates having disability more than 20%. Accordingly, it is mentioned that all the selections were made based on the above Government circular. 3. It appears that clarification was sought by various Medical Officers with regard to the very same issue. Learned Govt. Pleader produced before me for perusal Circular No.6197/F2/09/H&FWD dated 3.9.2010. Therein, the stipulation in the previous circular not to select persons having more than 20% disability, has been varied. It is mentioned that the concerned District Medical Officer can consider the ability and eligibility of the person concerned for doing the work in question. 4. In that view of the matter, the second respondent will consider the claim of the petitioner in any suitable post, on the basis of the clauses of the above circular, within two weeks of the date of production of a copy of this judgment. Therefore, incorporating the terms of the circular dated 3.9.2010, the second respondent can intimate the concerned Employment Exchange immediately, to sponsor the petitioner for any suitable existing or arising vacancy and if his name is sponsored, his claim will be considered by the second respondent in terms of the circular dated 3.9.2010, within wpc 2122/2008 3 another one month. 5. The writ petition is disposed of accordingly. The petitioner will produce a copy of this judgment to the second respondent for compliance. No costs. (T.R. Ramachandran Nair, Judge.) kav/