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2023 Supreme(Ker) 909

RAJA VIJAYARAGHAVAN V.
George Mathew, S/o P. G. Mathew – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : GEORGE VARGHESE(PERUMPALLIKUTTIYIL), MANU SRINATH, NIMESH THOMAS, SREELAKSHMI R.NAIR
For the Respondent: P.C SASIDHARAN, SRI. NAVEEN T

JUDGMENT

The petitioner is a person suffering from Locomotor disability assessed as 70%. He has approached this Court, being aggrieved by the refusal on the part of the 3rd respondent in advising the petitioner towards the post of Computer Programmer cum Operator against the 4% quota earmarked for persons with disabilities as provided under the Rights of Persons with Disabilities Act, 2016 (Act 49 of 2016).

2. Short facts are as under:

a. The petitioner responded to Ext.P2 selection notification dated 15.11.2013 issued by the Kerala Public Service Commission (PSC) for selection to the post of Computer Programmer-cum-Operator in the Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd. [“The Corporation” for the sake of brevity]. After due process of selection, despite the fact that the petitioner is shown as a person with disability in Ext.P3 Short-list, when Ext.P5 ranked list was issued, he was shown as Rank No.56. No weightage was given to him nor was he considered for entitlement in terms of the benevolent provisions of Act 49 of 2016. In the said circumstances, he approached this Court and filed W.P.(C) No. 22650/2019. During the pendency of the writ petition, the

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