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 handicapped candidates, on the plea that going by the relevant provisions of the Kerala State and Subordinate Service Rules, the same is earmarked for a community category viz. Muslims. It is therefore pointed out that the earmarking of the said turn will go against the express provisions of the KS & SSR and the Government Order to that extent cannot be held legal.

4. It is their further case that even though 357 vacancies have been reported and in spite of the absence of persons in the blind category, the petitioners who are ranked 9 and 11 from among the physically handicapped candidates, have not been advised or appointed. It is further pointed out that from among the list of physically challenged candidates, rank Nos.1, 2 and 8 have been advised from the main list and supplementary list for SC against OBC, LC and SC turns as they held rank Nos.16, 124 and 4 respectively in their respective list. Thus, they have been excluded from the quota of physically handicapped candidates, but even then the petitioners are not being advised.

5. Heard learned counsel for the petitioners Shri S.A. Razzak, learned Standing Counsel for the Public Service Commission, Shri Alexander Thomas and learned Govt. Pleader Shri Sandesh Raja.

6. Before going into the respective contentions of the parties, it is profitable to refer to the averments in the affidavit filed by the Public Service Commission. It is stated therein that since the post of Draftsman has not been identified as suitable for blind candidates, only deaf and orthopaedically handicapped candidates were included under List II. Ext.P3 Government Order provides for advice of physically handicapped candidates against turn Nos.33, 66 and 99 in a cycle of 100 vacancies on out of turn basis from the persons suffering from the three categories. In paragraphs 5 and 6 the various details as to how the posts have to be filled up after fixing the turns and the manner in which the candidates have been advised, has been explained and for easy reference, the said paragraphs are extracted below:

"5. It is most respectfully submitted that while preparing the rotation, a serial number for the fresh vacancies reported is started and when the number reaches 33, 66, 99 etc. PH candidates are advised against the serial numbers on out of turn basis. These numbers are not assigned to any particular community or open competition category and are meant for reservation for PH candidates only. Since Blind candidates are not eligible for the post of Draughtsman their turns (Serial Numbers 33, 133, 233 etc.) are filled up with other two eligible categories alternatively as shown below:

Serial No. Eligible PH category

33 Deaf

133 Ortho

233 Deaf

333 Ortho etc.

(as per Circular No.10/2009 issued by the Commission on 25/4/2009) 6. It is most respec