KERALA PUBLIC SERVICE COMMISSION Vs. STATE COMMISSIONERATE

JUDGEMENT

(1.) This writ petition is filed by the Kerala Public Service Commission (for short, the 'KPSC') to declare that the State Commissioner for Persons with Disabilities has no power or authority to issue an order in the nature of Ext.P1 dtd. 5/8/2017 and further to declare that Ext.P1 order is issued beyond the powers and jurisdiction vested with the first respondent as per the Right of Persons with Disabilities Act, 2016 (for short, the 'Act, 2016').

(2.) Brief material facts for the disposal of the writ petition are as follows:- The second respondent namely, one Anseer N.A., apparently a person differently-abled, has submitted an application seeking to have an examination center near the house of differently-abled persons before the local MLA, who has forwarded it to the State Government and the State Government has delivered the same to the State Commissioner for Persons with Disabilities. The State Commissioner as per Ext.P1 has issued a direction to the KPSC that candidates with disabilities, who are participating in the selection process of the KPSC shall be provided with examination centres near their residences. It is further specified in the order that the said order is issued by virtue of the power conferred on the Commissioner as a civil court. It is thus challenging the legality and correctness of Ext.P1, this writ petition is filed.

(3.) I have heard learned counsel for the petitioner Sri P.C. Sasidharan, and learned Senior Government Pleader, Sri Joby Joseph, and perused the pleadings and material on record. Even though notice is served on the party respondent, there is no appearance.