RAY JOHN VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The Kerala Public Service Commission (hereinafter called 'the Commission') invited applications for the post of Assistant Motor Vehicle Inspector in the scale of pay of Rs. 1,400-2,300 as per the notification dated 18.7.1995. Qualification prescribed for the post was pass in S.S.L.C., Diploma in Automobile Engineering, two years workshop experience and possession of a driving licence. Several persons including the appellant applied. They were called for a written test and interview. Subsequently rank list was drawn up on 19.9.1998. Appellant was given rank No. 639. 704 persons were listed in the rank list. There are altogether 60 vacancies. Going by the rank list there is no chance for the appellant to get appointment. He therefore submitted a representation, Ext. P2 on 5.10.1998 before the State Government stating that he is a physically handicapped person with 40% disability. Consequently he is entitled to get preference for appointment. He filed Writ Petition, O.P. No. 21755 of 1998 for an early disposal of the representation. That Writ Petition was disposed of on 26.11.1998 with direction to Government to pass appropriate orders. Pursuant to the above judgment, Government rejected the representation stating as follows:

(2.) Appellant submits since he is a physically handicapped person with 40% disability he is entitled to get appointment to the post of A.M.V.I. on the basis of the provisions contained in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act 1 of 1996) (in short 'the Act'). According to him, it is mandatory on the part of the Government to identify posts while appointing persons with disability. Placing reliance on S.33 counsel submitted that appropriate Government shall appoint in every establishment such percentage of vacancies not less than 3% for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from blindness or low vision, hearing impairment or locomotor disability or cerebral palsy in the posts identified for each disability. Learned Government Pleader submitted that the post of A.M.V.I. is not identified by the Government as one which could be reserved for persons with disability. He made available Government Order, G. O.(P) No. 20/98 / P&ARD dated 14.7.1998 by which certain posts have been reserved for physically handicapped persons on the basis of the Act.

(3.) The Act was enacted by the Parliament so as to give effect to the decisions taken pursuant to the objects and reasons stated at the meeting which was convened at Beijing by the Economic and Social Commission for Asian and Pacific Region which adopted the proclamation on the Full Participation and Equality of People with Disabilities in the Asia and Pacific Region. India was a signatory to the said Proclamation and it was found necessary to enact suitable legislation providing for various matters. It was proposed to provide for the constitution of Coordination Committee which would serve as the national focal point on disability matters and facilitate the continuous evolution of comprehensive policy towards solving the problems faced by persons with disabilities. There is also provision for constitution of a Central Executive Committee which would be Chief Executive body of the Central Coordination Committee and shall be responsible for carrying out the decisions of the Central Coordination Committee. Provision for constitution of a State Coordination Committee is also there in the Act. State Coordination Committee is to be constituted by the State Government.