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2010 Supreme(Ker) 638

T.R.RAMACHANDRAN NAIR
P. Muhazin, Panackal House – Appellant
Versus
Government Of Kerala, Represented By Secretary To Government, Thiruvananthapuram – Respondent


Advocates Appeared:For the Petitioners:S. Abdul Razzak, Advocate. For the Respondents: R1 to R3, Sandesh Raja, Government Pleader & R4, Alexander Thomas, Sc, KPSC.

Judgment :

1. The question arising herein is how the 3% quota for physically handicapped candidates, has to be distributed by the Public Service Commission, that too in the absence of one of the categories, viz. blind.

2. The petitioners are physically challenged persons with Locomotor Disability. The rank list is one for appointment of Draftsman Grade I/Overseer Grade I (Civil) in the Kerala Engineering Subordinate Service. It came into force on 5.8.2009. In the supplementary list for physically challenged persons, three candidates with hearing impairment and 16 candidates with Locomotor Disability have been included separately. The same has been produced as Ext.P1 herein. The petitioners are rank Nos. 9 and 11 in the second part of the said list.

3. Ext.P3 is the Government Order fixing the turn of physically handicapped persons in the quota of 3% reservation for them. Going by the said order, serial Nos. 33, 66 and 99 in the cycle of 100 vacancies, have been fixed for the three categories, viz. persons suffering from blindness or low vision, hearing impairment and locomotor disability or cerebral palsy. The petitioners challenge the turn provided, viz. 66 for physically handicapp














































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