ANU SIVARAMAN, J.

1. The common question which arises for consideration in these appeals is with regard to the reservation of vacancies for appointment of physically handicapped persons in identified posts in public sector undertakings.

2. This appeal is filed by the Kerala Public Service Commission (KPSC) against the judgment dated 20.10.2014 in WP No. 27234 of 2011. The petitioner in the writ petition, who is the first respondent herein, was a candidate for selection to the post of Assistant Grade II/Clerk/Junior Clerk/LDC/Cashier in various State Government owned Companies/Boards/Corporations, pursuant to a notification dated 28.3.2007. He is an orthopaedically handicapped person. The writ petitioner, who had all the requisite qualifications, was an applicant in the said selection. A ranked list was published by the KPSC on 25.8.2009. Thereafter, it is submitted that, by an addendum notification to the above ranked list, a supplementary list of persons included in selection who were eligible for reservation under the physically handicapped category was published. The petitioner was included in the list of physically handicapped candidates under the orthopaedic category at serial No. 70. By Exhibit P5 Government Order dated 1.2.2010, 3% reservation to physically handicapped candidates in identified posts was extended to similar categories in the State Public Sector Undertakings and other autonomous institutions with effect from the date of the order. Though the KPSC had published Exhibit P3 supplementary list of physically handicapped persons, it was contended that the reservation to physically handicapped persons would be operated in respect of vacancies which arose after 1.2.2010 alone. Relying on the judgments of the Apex Court clarifying that reservation under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, the Act) is not dependent on the identification of posts, the writ petitioner claimed reservation with effect from 1.1.1996. In the meanwhile, in answer to a query raised by the KPSC, the Government, by order dated 17.5.2011 clarified that 3% vacancies reserved for physically handicapped persons is to be computed on the basis of the total number of vacancies reported on or after 1.1.2008, irrespective of the date of identification of posts as suitable for appointment of such persons. Accordingly, the Public Service Commission issued circulars identifying the vacancies available for physically handicapped persons from among the vacancies which arose during the period from 1.1.2008 to 31.1.2010 and these vacancies were filled up from Exhibit P3 list, following the ratio of 1:1:1 between blind, deaf and orthopaedically handicapped persons. Petitioner could not get advice, since he was included at serial No. 70 and candidates in the orthopaedically handicapped category upto rank No. 67 alone were advised. Therefore, he filed the writ petition contending that the Act having come into force in 1996, the 3% vacancies to be set apart for physically handicapped persons have to be worked out reckoning the vacancies which arose from the date of coming into force of the Act. Material was produced before the learned single Judge to show that 3106 vacancies had been filled up from earlier lists to the posts in question and no physically handicapped person was appointed. In the above circumstances, it was contended that the KPSC having been entrusted for selection of candidates to these Companies and Corporations in the year 2004, the 3% reservation for physically handicapped persons has to be taken into account by reckoning all the vacancies earlier filled up from PSC lists as well as the vacancies reported to be filled up from Exhibit P1 list. As such, it is contended that 93 vacancies had to be filled up by appointing 31 candidates from each of the handicapped categories. If that were to be done, the petitioner would get appointment. Re