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2022 Supreme(Ker) 128

V.G.ARUN
Dileep Kumar M. P. Assistant Public Prosecutor Gr-II, Judicial First Class Magistrate – Appellant
Versus
State of Kerala Rep. By Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.B.Raghunathan, Sri.K.Jaladharan, Sri.V.M.Jacob, Sri.M.Salim, Sri.T.S.Subash, Advs.
For the Respondent: Sri. Premchand R. Nair, Government Pleader, Sri.Elvin Peter P.J., Standing Counsel, Advs.

JUDGMENT :

The petitioner is an applicant for appointment to the post of District and Sessions Judge in the Kerala State Higher Judicial service. Being a physically handicapped (disabled person with 40% permanent orthopedic disability, the petitioner claims entitlement to be considered for selection and appointment in accordance with the mandatory reservation under Section 34 of the Rights of Persons with Disabilities Act, 2016. The petitioner is aggrieved by the fact that the post of District and Sessions Judge is so far not yet identified for reservation as envisaged under Section 33 of the Act. The petitioner therefore submitted series of representations, failed to evoke any positive response.

2. When the matter was taken up for consideration on an earlier occasion, it was submitted that the Full Court of the High Court had, in its meeting held on 19.02.2020, resolved to provide 4% reservation to the post of District Judge and the decision had been communicated to the Government. The learned Government Pleader had submitted on instructions that the Government had not received any such communication from the High Court.

3. On this Court’s direction, the communication dated 02.03.202

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