VOSTO PAUL Vs. THE KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) APPELLANT having been found ineligible for appointment to the post of Assistant Engineer in the service of the Kerala State Electricity Board(in short,the Board)approached this Court in O.P.No.18895 of 1996 for a direction commanding and compelling the Kerala Public Service Commission(in short the Commission)to interview him for the post of Assistant Engineer and to include him in the rank list.By an interim order,this court had permitted interview of the appellant.Subsequently,taking into consideration the rival stands,learned Single Judge found that petitioner was not entitled for any relief and dismissed the Original Petition,Judgment in which is the subject matter of this appeal.

(2.) FACTUAL position,almost undisputed,is as follows:Appellant is a physically handicapped person.He is a B.Tech.degree holder in Electrical and Electronic Engineering.Commission invited application for the post of Assistant Engineer(Electrical)in the service of the Board.One among the general conditions reads as follows: "According to the Board Order no.R.L.I. -15934/73 dated 31st December 1973 physically handicapped persons will be considered for appointment under the Board only to such posts the duties attached to which can be satisfactorily discharged by them.The concessions allowable to physically handicapped persons are not applicable to the following posts and they are not eligible to apply for the post.All executive posts in the Electrical and Civil branches of the Board." In spite of the aforesaid stipulation,appellant applied for the post.He appeared for the written test and his name was included in the short list,but he was not invited for the interview.This Court was moved for interference.Commission took the stand that appellant was not invited for interview as he was not eligible in view of the clear stipulation in the notification.Post of Assistant Engineer is an executive post and a physically handicapped person cannot apply in terms of the general conditions in the notification extracted above.Appellant amended the Original Petition incorporating a challenge in respect of the said condition in the notification.It was submitted that the notification is based on Board's order dated 31st December 1973.That is an order granting certain concession to the physically handicapped persons.Same does not prohibit appointment of physically handicapped persons against executive posts in the Electrical and Civil branches of the Board.Intention of the order referred to in the general condition operates in respect of concession granted in.masters like age concession,etc.It does not contain any prohibition.

(3.) LEARNED counsel for appellant reiterated the stands taken before learned Single Judge and further contended that the Board's notification relating to recruitment,age relaxation and grace marks to physically handicapped persons is contained in para 2(i ),which reads as follows: ''The physically handicapped persons will be considered for appointment only to such posts,the duties attached to which can be satisfactorily discharged by them.The concessions will not apply for appointment to the following posts: (a)All executive posts in the Electrical and Civil branches." Learned counsel for Board and the Commission submitted that after having responded to a notification and having participated,it is not open for him to turn round and state that the stipulation is bad.Concession referred to in said clause is the concession granted to physically handicapped persons that they will be considered for appointment to certain posts.It has been clearly stated that such concession will not apply for appointment to the executive posts.It was not the case of appellant before learned Single Judge that the post of Assistant Engineer is not an executive post.As there was a clear stipulation that the concession for physically handicapped persons to be considered for certain posts in the Board will not apply to executive posts,the stipulation does not suffer from any arbitrariness.