IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 25000 of 2009(T) -------------------------- PETITIONER(S): --------------- ABDUL SALAM I., S/O.ABBAS BEARY, IRODY HOUSE, POST KOLIYUR, MANJESWARAM, KASARAGOD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT(S): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, KERALA, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 3. THE PRINCIPAL, DIET, MEPPADI, KASARAGOD. BY G.P. SHRI K. RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF DISABILITY CERTIICATE DT.28.2.2001 ISSUED TO THE PETITIONER EXT.-P2-TRUE COPY OF PRE-UNIVERSITY CERTIFICATE ISSUED TO THE PETITIONER BY THE DEPART OF PRE UNIVERSITY EDUCATION, BANGALORE. EXT.P3-TRUE COPY OF NOTIFICATION DATED 16.3.2009 EXT.P4-TRUE COPY OF APPLICATION DT.30.7.2009 EXT.P5-TRUE COPY OF LETTER DATED 17.8.2009 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 25000 of 2009-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2010. JUDGMENT The petitioner is a physically handicapped person having 50 percentage moderate disability under the category Orthopaedics handicapped. Ext.P1 is the copy of the disability certificate. He has passed out the Pre University examination conducted by the Department of Pre- University Education, Government of Karnataka, Bangalore with 46% marks as evidenced by Ext.P2 certificate. 2. The petitioner applied for selection and appointment to Teachers Training Certificate course 2009-2011 in Kannada Subject. Finally, he was informed as per Ext.P5 that one seat has been reserved for Kannda TTC for disabled persons and one Shri Rajesh S.P. was selected. The petitioner seeks for a direction to give admission to him to the TTC Course in the third respondent’s institution in the vacancy earmarked for handicapped persons. Heard learned Govt. Pleader appearing for the respondents. 3. It is submitted by the learned Govt. Pleader that the petitioner is not eligible, going by the marks as he is having only 46%. As far as physically handicapped persons as well as persons from other backward wpc 25000/2009 2 communities are concerned, going by Ext.P3, they are entitled for relaxation of 2 % marks from that of the merit quota. Therefore, 48% has been fixed for admission of such persons. Herein, the petitioner is having only 46% marks. It is therefore submitted that the petitioner is not eligible for admission. In reply, as per Ext.P5 the same has been informed to the petitioner also. 4. As the petitioner does not satisfy the eligibility conditions, he cannot seek for a direction to grant admission in the quota of OBC or physically handicapped. In the light of the above, the petitioner is not entitled for any relief. The writ petition is therefore dismissed. No costs. (T.R. Ramachandran Nair, Judge.) kav/