IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE29H DAY OF NOVEMBER20138TH AGRAHAYANA, 1935 WP(C).No. 344 of 2012 (S) ------------------------------------ PETITIONER(S): ----------------------- SAMJATH T.R. AGED31YEARS, S/O.RAVINDRAN, THAMARASSERIL HOUSE, UDAYAMPERUR.P.O, THIRUPUNITHURA, KERALA STATE , PIN:682307. BY ADV. SRI.A.G.BASIL RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
2. SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
3. CHAIRMAN, STATE CO-ORDINATION COMMITTEE, THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT1995 DEPARTMENT OF SOCIALWELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
4. THE STATE COMMISSIONER, UNDER THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT1995 SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
5. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695001. PJ ....2/- ..2.. WP(C).No. 344 of 2012 (S) ------------------------------------ 6. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF SOCIAL WELFARE, GOVERNMENT OF INDIA, NEW DELHI.
7. THE CHAIR PERSON, CENTRAL CO-ORDINATION COMMITTEE, THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES PROTECTION OF RIGHTSAND FULL PARTICIPATION)ACT, 1995 MINISTRY OF WELFARE, GOVERNMENT OF INDIA NEW DELHI-110001.
8. THE CHIEF COMMISSIONER UNDER, THE PERSONS WITH DIASBILITIES (EQUAL OPPORTUNITIES PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT1995 WELFARE DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI-110001.
9. UNION PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, NEW DELHI, PIN;110001. R1 - R4 BY ADV. GOVERNMENT PLEADER R5 BY SRI.P.C.SASIDHARAN, SC, KPSC R6-8 BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R9 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC UPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2911-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 344 of 2012 (S) ------------------------------------ APPENDIX PETITIONERS' EXHIBITS ------------------------------------ EXT-P1: TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE (SSLC) OF THE PETITIONER. EXT-P1(1): TRUE COPY OF THE B.COM.DEGREE CERTIFICATE OF THE PETITIONER ISSUED BY THE MAHATMA GANDHI UNIVERSITY. EXT-P1(2): TRUE COPY OF THE CERTIFICATE OF PRINTING TECHNOLOGY OBTAINED BY THE PETITIONER FROM STATE BOARD OF VOCATIONAL HIGHER SECONDARY EXAMINATIONS,GOVERNMENT OF KERALA. EXT-P1(3): TRUE COPY OF THE COMPUTER APPLICATION CERTIFICATE DATED0205.2004 OBTAINED BY THE PETITIONER. EXT-P2: TRUE COPY OF THE DISABILITY CERTIFICATE NO.09/03 DATED0101.2003 ISSUED BY THE DISTRICT DISABILITY ASSESSMENT BOARD,DISTRICT HOSPITAL,ERNAKULAM. EXT-P3: TRUE COPY OF THE IDENTITY CARD FOR THE DISABLE PERSONS ISSUED TO THE PETITIONER. EXT-P4: TRUE COPY OF THE EMPLOYMENT EXCHANGE REGISTRATION CARD ISSUED BY THE DIVISIONAL EMPLOYMENT EXCHANGE TO THE PETITIONER. EXT-P5: TRUE COPY OF THE PERSONS WITH DIASBILITIES (EQUAL OPPORTUNITITES,PROTECTION OF RIGHTS AND FULL PARCITIPATION)ACT,1995. EXT-P6: TRUE COPY OF GOP NO.31/2008/SWD DATED1905.2008 ISSUED BY THE GOVERNMENT OF KERALA. EXT-P7: TRUE COPY OF THE GOP NO.46/2008/SWD DATED1907.2008 ISSUED BY THE GOVERNMENT OF KERALA. EXT-P8: TRUE COPY OF THE PAPER REPORT APPEARED IN MALAYALA MANORAMA ON3112.2011 IN THIS REGARD, ALONG WITH AND ENGLISH VERSION OF THE RELEVANT PORTION. EXT-P9: TRUE COPY OF THE HALL TICKET,CATEGORY NO.117/2010 WITH REGISTER NUMBER11865 OF KERALA PUBLIC SERVICE COMMISSION ISSUED TO THE PETITIONER. EXT-P10: TRUE COPY OF THE REPRESENTATION DATED0311.2011 SUBMITTED BY THE PETITIONER TO THE4H RESPONDENT. PJ ....2/- ..2.. WP(C).No. 344 of 2012 (S) ------------------------------------ EXT-P11: TRUE COPY OF THE REPRESENTATION DATED1010/2011 SUBMITTED BY THE PETITIONER TO THE8H RESPONDENT. EXT-P12: TRUE COPY OF THE LIFE HISTORY OF NICK VUJICIC APPEARED IN WIKIPEDIA,THE FREE ENCYCLOPEDIA. RESPONDENTS' EXHIBITS NIL. / TRUE COPY / P.S. TO JUDGE PJ Manjula Chellur, C.J.
& A.M. Shaffique, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 344 OF2012- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of November, 2013 JUDGMENT
Manjula Chellur, C.J.
We have gone through the writ petition and also the counter affidavit filed by the 1st respondent. The present petition is filed seeking the following reliefs placing on record the plight of the persons with physical disability: "a) Issue a Writ of Mandamus or any other appropriate, writ, direction or order, directing the 1st respondent to fill up all the existing 3% vacancies earmarked for physically handicapped persons, under section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995(Act 1 of 1996) forthwith. b) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to fill up all the backlog vacancies under section 36, earmarked for physically handicapped persons under section 33 of Act 1 of 1996. c) Direct the 1st respondent to fill up all the vacancies earmarked for physically handicapped persons, after entrusting the recruitment of handicapped/disabled persons to the Kerala Public Service Commission, under sections 33 and 36 of Act 1 of 1996. W.P.(C) No. 344 of 2012 -:2:- d) Direct the 2nd respondent to issue orders to report the vacancy position earmarked for handicapped persons under sections 33 and 36 of Act 1 of 1996 for the last six years. e) Direct the 5th respondent to advise all the 3% handicapped persons who are included in the Rank List for the handicapped persons in various posts, under Sections 33 and 36 of Act 1 of 1996. f) Direct respondents 3 and 4 to furnish a copy of the report submitted by them under the relevant provisions of Act 1 of 1996 to the government concerning last 10 years of 3% appointments done and the backlog vacancies done under sections 33 and 36 of Act 1 of 1996. g) Direct respondents 7 and 8 to furnish a copy of the report submitted by them under the relevant provisions of Act 1 of 1996 to the Central Government concerning last 10 years of 3% appointments done and the backlog vacancies done under sections 33 and 36 of Act 1 of 1996. h) Direct the 6th respondent to report the vacancies to be filled under sections 33 and 36 meant for handicapped persons under 6th respondent institutions and public sector units. i) Direct the 9th respondent to advise handicapped persons under the relevant provisions of Act 1 of 1996, included in the Rank List for 3% vacancies in various posts. W.P.(C) No. 344 of 2012 -:3:- j) Direct respondents 3 and 7 to furnish a report with regard to the appointments done in various departments coming under their respective control and domain, made under sections 33 and 36 of Act 1 of 1996 for the last ten years. k) Direct the 1st and 6th respondent to formulate adequate, effective, efficient schemes to wipe out tears of physically handicapped citizens. l) Declare that physically impaired persons are national asset of the nation. m) Declare that the physically impaired persons have the right under the constitutional scheme of India to be uplifted to lead a normal life, a life enshrined in Article 21 of the Constitution of India. n) Grant such other appropriate reliefs to the petitioner as this Hon'ble Court may deem fit and proper in the interest of justice." 2. According to the petitioner, in spite of the Statute and the Rules under the enactments for the benefit of the disabled persons, the implementing authorities are not implementing the same in its letter and spirit. Therefore, he has approached this Court seeking the reliefs on the ground that there is infringement of rights of a class of persons which touches upon Articles 14, 16 and 21 of the Constitution. Government has W.P.(C) No. 344 of 2012 -:4:- placed the steps taken by the authorities concerned on the issue raised in the writ petition. The matter of recruitment process of disabled persons is entrusted to Kerala Public Service Commission by the Government and the steps taken so far as the Committee constituted in this regard are narrated at paragraph Nos.4, 5, 8, 11 and 12 of the counter affidavit which read as under: "4. It is submitted that vide section 32 of Persons with Disabilities Act, the Government have constituted an expert committee, consisting of expert doctors in this field to identify the Class I, II, III, IV post in various departments in State Government which are suitable for the three groups of disabled person viz, a) blindness or low vision, b) hearing impairment, c) Locomotor disability or cerebral palsy as defined by the Section 33 of the PWD Act, 95. After detailed study, the above said committee identified various posts suitable for appointment complying with their disability and the Government have produced necessary order as per G.O. (P) No.11/2009/SWD dated 10.02.2009 to come in force the directions as per the Section 33 of PWD Act, 95.
5. Now the Government have taken necessary steps to assess the back log vacancies entitled to the W.P.(C) No. 344 of 2012 -:5:- disabled persons from 7/08 in order to fill the such vacancies with them.
8. It is submitted that the list of the identified posts, that the petitioner given in the statement of facts is incomplete. There are 156 categories of posts under Class III and 44 categories of posts under Class IV have been identified by the Government as suitable for the disabled persons in different departments and the Government have produced necessary order in this regard as per G.O.(P) No.11/2009/SWD dated Thiruvananthapuram 10.02.2009.
11. It is submitted that 1188 number of back log vacancies of various posts has been assigned to HoDs as per G.O.(P) 7/2011/SWD dated 24.01.2011. Government have conducted one day Adalath on 05.03.2012 in the Durbar Hall, Government Secretariat for settling the issue on reporting the back log vacancies. In that Adalath, 1039 vacancies were reported to Kerala Public Service Commission on the spot and balance vacancies were assured to be reported to Kerala Public Service Commission shortly. It is also submitted that the Kerala Public Service Commission has issued notification to these posts as Notification dated 30.04.2012.
12. It is submitted that Section 36 of the Persons with Disabilities (Equal Opportunities, Protection of Right and full Participation) Act, 1995 Government of Kerala has introduced vide G.O.(P) No.20/98/P&ARD dated W.P.(C) No. 344 of 2012 -:6:- 14.07.1998, as a scheme for reserving 3% vacancies in Public Services for appointment from physically disabled persons suffering from (i) blindness or low vision (ii) hearing impairment (iii) Locomotor disability or cerebral palsy." 3. Having regard to the steps taken by the respondent, as stated in the counter affidavit, we find no reason to keep the petition pending for further directions. However, it is always open to the affected party to approach the Court bringing to the notice of the Court, violations of the provisions of law and also reservation of vacancies in a particular institution or a particular recruitment process. With these observations, the Writ Petition is disposed of. Manjula Chellur, Chief Justice. A.M. Shaffique, Judge. ttb/30/11 W.P.(C) No. 344 of 2012 -:7:-