IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 33445 of 2008(F) --------------------------------------- PETITIONER(S): ----------------------- 1. USMAN.K, AGED 30 YEARS, S/O.VEERAN, KAMBRATHIKUZHI HOUSE, VAZHAKKAD.P.O, MALAPPURAM DIST. 2. SELEENA.P.T, AGED 28 YEARS, D/O.ABDURAHIMAN, POTHANTHODIKA HOUSE, MANHAPPATTA.P.O, MANJERI, MALAPPURAM DISTRICT. 3. ASHRAF PANGINITHODI, AGED 35 YEARS, S/O.MOIDEEN, RAMAPURAM.P.O, MALAPPURAM DISTRICT. 4. SHAJAHAN.V.H, AGED 32 YEARS, VATTAPPARAMBIL HOUSE, KAVALAMUKKATTA, POOKKOTTUMPADAM.P.O, NILAMBUR, MALAPPURAM DIST. BY ADV. SRI.T.K.SAIDALIKUTTY SMT.ANITHA M.N. (EKM) RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM. 2. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33445/2008 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATED ISSUED BY THE SUPERINTENDENT OF DISTRICT HOSPITAL, MANJERI DATED 12/2/1997 SHOWING THE DETAILS OF THE DISABILITY OF THE FIRST PETITIONER. P2 COPY OF THE CERTIFICATED ISSUED BY THE SUPERINTENDENT OF DISTRICT HOSPITAL, MANJERI DATED 2/7/1996 SHOWING THE DETAILS OF THE DISABILITY OF THE SECOND PETITIONER. P3 COPY OF THE CERTIFICATED ISSUED BY THE SUPERINTENDENT OF DISTRICT HOSPITAL, MANJERI DATED 9/5/1991 SHOWING THE DETAILS OF THE DISABILITY OF THE THIRD PETITIONER. P4 COPY OF THE CERTIFICATED ISSUED BY THE SUPERINTENDENT OF DISTRICT HOSPITAL, MANJERI DATED 21/11/1995 SHOWING THE DETAILS OF THE DISABILITY OF THE FOURTH PETITIONER. P5 COPY OF THE DECISION OF THE SELECTION COMMITTEE INCORPORATING THE RANK LIST PREPARED ON 5/6/2006. P6 COPY OF THE LETTER NO.A2-53226/2005. P7 COPY OF THE JUDGMENT DATED 5/10/2007 IN WP(C) NO.22804 OF 2007. P8 COPY OF THE ORDER DATED 29/5/2008 ISSUED BY THE SOCIAL WELFARE DEPARTMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 33445 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011 J U D G M E N T The petitioners claim to be physically handicapped persons. Government framed a scheme for giving appointments to physically handicapped persons in the 3% quota prescribed by Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In accordance with the scheme applications were invited for appointment to the post of L.D. Typists from physically handicapped persons on 05.06.2006. The petitioners participated in the selection process. They claim that they have been included in the rank list. While so, another select list was published in respect of handicapped persons for appointments to the post of U.P. School Assistants. They filed W.P. (C) No.22804/2007 for getting themselves appointed to that post. In that, by Ext.P7 judgment, I directed the W.P.(C)No. 33445 of 2008 -2- Government to finalise the appointments pursuant to the selection to the said vacancies. In accordance with that judgment, by Ext.P8 order dated 29.05.2008 appointment of the 7 petitioners in that writ petition was ordered. The petitioners now has filed this writ petition on 12.11.2008 seeking similar reliefs as in the petitioners in Ext.P7 judgment by appointing them from the select list prepared for L.D. Typists. 2. A counter affidavit has been filed wherein the 2nd respondent has stated that by orders dated 28.06.2007 & 15.09.2007 the Government has entrusted the selection of physically handicapped persons against 3% vacancies in Public Service with the Kerala Public Service Commission for the year 2004 onwards. Therefore it was ordered that direct recruitment of physically handicapped persons from the list prepared by the District Collectors shall not be made after the cut off date of 30.09.2007. Therefore the 2nd respondent submits that the petitioners' claim cannot now be considered. If the same is considered other W.P.(C)No. 33445 of 2008 -3- similarly placed persons also will have to be given the very same benefit. 3. I am of opinion that the petitioners are destined to fail on both on the ground of delay as well as on merits. Admittedly others approached this court in 2007 itself. The petitioners waited till 12.11.2008 long after Ext.P7 judgment and Ext.P8 order of the Government pursuant to Ext.P7 judgment. Further, now that the selection of handicapped persons also has been left to the P.S.C. and the Government has fixed a cut off date of 30.09.2007 for appointments direct through the District Collector, I do not think that I can legally direct the respondents to appoint the petitioners without reference to the P.S.C. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/