The court allowed the writ petition filed by a differently abled candidate regarding non-selection despite merit. The court directed the first respondent to consider the pending appeal within four months and disposed of the main petition.
Directing the 1st respondent to consider the pending appeal within four months from receipt of the judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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WPC 12045/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 12045OF 2024
PETITIONER/S:
PRADEEP.P, AGED 32 YEARS S/O PREMA RAJ. P K, PONGUVILA
PUTHEN VEEDU, ANCHUMARAMKALA, VELLARADA. P.O,
THIRUVANANTHAPURAM, PIN - 695505
BY ADVS. P.SATHEESH KUMAR (S 3441), ADARSH S.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN, PIN - 6950013 STATE COMMISSIONER STATE COMMISSIONERATE FOR PERSONS WITH DISABILITIES ANJENEYA, TC 9/1023 (1) GROUND FLOOR, SASTHAMANGALAM, THIRUVANANTHAPURAM, PIN - 6950104 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, O/O THE KERALA PUBLIC SERVICE COMMISSION PATTOM PALACE. P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695004OTHER PRESENT:
SC SRI. P.C SASIDHARAN, SR GP SMT MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC 12045/24
JUDGMENT
(Dated this the 4th day of June 2024)
The petitioner is a differently abled candidate. He has
passed KGTE Examination Typewriting English/Malayalam
(lower) and Computer Word Processing (lower) and and
National Trade Certificate in Refrigeration and Air Condition Mechanic.
in Government service. Thus the benefit of reservation were
granted for various posts including the post of AC mechanic in other departments. The petitioner participated in the selection process notified as per Ext.P8 notification, but was
not included in Ext.Nos.P10 and P11 lists, for the reason that differently abled candidates are not eligible. But Ext.P8
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WPC 12045/24
notification does not bar the differently abled person from applying for the post. But the post of AC mechanic in Apex Societies of Co- operative sector in Kerala was not identified. Being aggrieved by non identification of the post of refrigerator mechanic in the apex societies, the petitioner filed Ext.P12 appeal on 15.2.2023 before respondent Nos.1 and 3 and the same is pending consideration. The petitioner wants a speedy disposal of Ext.P12 by the 1st respondent.
Considering the limited nature of prayer of the petitioner, the 1st respondent is directed to consider Ext.P12 within a period of four months from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of.
Sd/- BASANT BALAJI JUDGE
dl/
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WPC 12045/24
APPENDIX OF WP(C) 12045/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF NATIONAL TRADE CERTIFICATE NO 37171 OF THE PETITIONER
Exhibit P2 TRUE COPY OF KGTE CERTIFICATE KGTC NO400337 DATED 181-2022 OF THE PETITIONERExhibit P3 TRUE COPY OF DISABILITY CERTIFICATE BY THE DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES, GOVT. OF INDIA NO KL 1490619910143399 DATED 15-3-2013Exhibit P4 TRUE COPY OF NON CREAMY LAYER CERTIFICATE NO 65599282 DATED 17-6-2022Exhibit P5 TRUE COPY OF GAZETTE NOTIFICATION DATED 30-05-2017 FOR CATEGORY NO. 112 OF 2017Exhibit P6 TRUE COPY OF RANKED LIST NO565/2019/ER XIV FOR CAT NO 112/2017 WITH EFFECT FROM 25-10-2019Exhibit P7 TRUE COPY OF RANKED LIST NO748/2017/ER III FOR CAT NO 119/2014 WITH EFFECT FROM 8-8-2017Exhibit P8 TRUE COPY OF GAZETTE NOTIFICATION DATED 16-11-2020 FOR CAT NO. 214/2020Exhibit P9 TRUE COPY OF ADMISSION TICKET NO. Z100352 OF THE PETITIONERExhibit P10 TRUE COPY OF PROBABILITY LIST NO 56/2022/ER XV FOR CAT NO 214/2020 DATED 23-11-2022Exhibit P11 TRUE COPY OF RANKED LIST NO. 183/2023/ER XV FOR CAT. NO. 214/2020 WITH EFFECT FROM 24.03.2023Exhibit P12 TRUE COPY OF APPEAL PETITION SUBMITTED BY THE PETITIONER TO THE 1ST AND 3RD RESPONDENTS DATED 15-220231 issue framed by the court
Whether the writ petition challenging non-identification of a differently abled post and seeking speedy disposal of an appeal is to be disposed of.
Pradeep.P
State of Kerala Represented by its Secretary, Social Justice Department
State of Kerala Represented by its Secretary, Personal and Administrative Reforms Department
State Commissioner State Commissionerate for Persons with Disabilities
Kerala Public Service Commission
Basant Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court