IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 21988 of 2007(P) -------------------------- PETITIONER: ------------ SIBIN PAUL, THATTIL VALLACHIRAKARAN HOUSE, MOORKKANAD P.O., THRISSUR-680 711. BY ADV. SMT.S.KARTHIKA SMT.K.P.GEETHA MANI SRI.M.R.ANISON SRI.T.R.RAJESH SRI.M.S.UNNIKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, THRISSUR DISTRICT. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 4. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21988 of 2007 APPENDIX PETITIONER's EXHIBITS EXT.P1: COPY OF MEDICAL CERTIFICATE ISSUED TO THE PETITIONER FROM THE MEDICAL COLLEGE CERTIFYING HIS DISABILITY. EXT.P2: COPY OF G.O.(P)NO.20/08/P AND ARD DTD 14.7.98. EXT.P3: COPY OF REPRESENTATION DTD 19.5.05 SUBMITTED BY THE PETITIONER BEFORE R2. EXT.P4: COPY OF THE COMMUNICATIONS DTD 15.2.2006 SENT BY R1. EXT.P5: COPY OF THE COMMUNICATIONS DTD 22.11.2006 SENT BY THE STATE COMMISSIONER. EXTP6: COPY OF THE COMMUNICATIN DTD 8.11.2006 SENT BY THE DPI. EXT.P7: COPY OF THE COMMUNICATION DTD 23.3.2007 ISSUED BY R1. EXT.P8; COPY OF THE COMMUNICATION DTD 4.7.2007 ISSUED BY R2'S OFFICE. EXT.P9: COPY OF LETTER DTD 6.3.2007 ISSUED BY R2. EXT.P10: COPY OF COMMUNICATION DTD 26.5.2007 ISSUED BY R3. EXT.P11: COPY OF G.O.(MS) NO.86/05 DTD 27.8.2005. EXT.P12: COPY OF COMMUNICATION DTD 5.9.2007. 2ND RESPONDENT'S EXHIBITS EXT.R2(a): G.O.(P) NO.20/98/P& ARD DTD 14.7.1998. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.21988 OF 2007 ---------------------------------------- Dated this the 29th day of January, 2008 JUDGMENT The petitioner seeks appointment to the post of Junior Hindi Teacher (Full Time) in the quota set apart for disabled persons (blind). The petitioner's grievance is that although vacancies have been reported to the 2nd respondent – District Collector in 2005, no appointments have been made till date. 2. Learned Government pleader on instructions submits that as is clear from Ext.P9 one vacancy is kept vacant as per directions of this Court which is still lying vacant and that the petitioner can be accommodated in that vacancy if he is entitled to. 3. The petitioner submits that the respondents are applying communal rotation to vacancies set apart for physically disabled persons which is not permissible under law. The petitioner relies on the Supreme Court decision in C.A. No.3984/07 whereby the Supreme Court has held that there cannot be communal rotation in the quota set apart for physically W.P.(c) No.21988/07 2 disabled persons. In view of the Supreme Court decision the respondents cannot apply communal rotation for filling up of the post set apart for physically disabled persons. Accordingly I direct the 2nd respondent to fill up the post of Junior Hindi Teacher (Full Time) lying vacant in Thrissur District by appointing the eligible physically handicapped person without reference to communal rotation and in accordance with Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Orders in this regard shall be passed within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.21988/07 3