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2024 Supreme(Ker) 286

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Sathisha M. – Appellant
Versus
State Of Kerala, Represented By Its Principal Secretary To Social Justice Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Raghul Sudheesh, K.J.Glaxon, J.Lakshmi, Elizabeth Mathew, Bini Das
For the Respondent: Sri.P.C.Sasidharan, SC

JUDGMENT :

Shoba Annamma Eapen, J.

The petitioner, a differently abled candidate with locomotor disability, is included in the ranked list dated 31.05.2018 to the post of High School Assistant (Mathematics -Kannada Medium) in the Education Department in Kasaragod District. He is the sole candidate included in the list of differently abled candidates for appointment against 3% earmarked vacancies. The said vacancies are set apart to the low vision category as well as hearing impairment category. The vacancies set apart for differently abled persons remained unfilled for want of candidates belonging to the low vision category as well as hearing impairment category. Hence, the petitioner filed Annex.A5 representation dated 26.06.2019 to appoint him in the vacancy set apart for differently abled persons. Aggrieved by non consideration of Annex.A5, the petitioner had filed OA(Ekm) No.1078/2019, pursuant to which, on a direction given by the tribunal, the request of the petitioner was denied as per Annex.A7, wherein it was concluded that the category interchange cannot be allowed and the petitioner cannot be given advice and appointment. Challenging the same, the petitioner again approache

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