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2010 Supreme(Online)(KER) 46264
HIGH COURT OF KERALA
S. SIRI JAGAN, J
JAYA.P.C. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/18802/2009
SRI.B.MOHANLAL
The court reinforced the necessity of implementing reservation policies for physically handicapped candidates in public service recruitment.
Headnote:
Reservation - Higher Secondary School Teacher - Act Section List - The judgment discussed the Kerala Public Service Commission's failure to initially consider reservations for physically handicapped candidates, later rectified by issuing rank lists specifically for such candidates, leading to the court directing the PSC to advise them when vacancies arise.
Fact of the Case:
The petitioners sought to challenge the Kerala Public Service Commission's omission of physically handicapped candidates from the rank list for Higher Secondary School Teacher positions. An addendum notification later included these candidates in specific reservation categories.
Finding of the Court:
The court acknowledged the inclusion of physically handicapped candidates in the addendum notification and directed the PSC to proceed with advising the petitioners as their turn arises in accordance with the new rank lists.
Issues: Whether the Kerala Public Service Commission adequately considered vacancies for physically handicapped candidates during the recruitment process for Higher Secondary School Teacher positions.
Ratio Decidendi: The court emphasized the importance of adhering to reservation policies for physically handicapped candidates and upheld the validity of the rank lists prepared by the Kerala Public Service Commission following rectification of the oversight.
Final Decision: The court directed the PSC to advise the petitioners according to their rank when vacancies arise.
J U D G M E N T
In these writ petitions the petitioners seek advise to the vacancies available in the post of Higher Secondary School Teacher (Zoology-Junior) in the reservation turns for physically handicapped persons. Earlier, when the list was originally prepared, the PSC had not considered the question of reservation for physically handicapped persons. On 18.08.2009, 27.10.2009 and 01.03.2010, the standing counsel submitted that a special list for physically handicapped candidates is being prepared from among the physically handicapped applicants. Today the learned standing counsel for the PSC produced before me an addendum notification dated 22.03.2010 published by the Kerala Public Service Commission, publishing two rank lists of physically handicapped persons for the post of H.S.S.T (Zoology-Junior) in which the petitioner in W.P.(C) No.
W.P.(C)No. 18802 of 2009 & 5847 of 2010
18802/2009 is included as the first rank holder among the orthopedic (lower extremities only) category and the petitioner in W.P.(C) No.5847/2010 has been included as the only candidate in the blind (low vision) category of physically handicapped candidates. In view of the above these writ petitions are disposed of with a direction to the PSC to advice the petitioners as and when their turn arises in accordance with the rank list.
S. SIRI JAGAN JUDGE
