SATHISHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a differently abled candidate with locomotor disability, is included in the ranked list dtd. 31/5/2018 to the post of High School Assistant (Mathematics - Kannada Medium) in the Education Department in Kasaragod District. He is the sole candidate included in the list of differently abled candidates for appointment against 3% earmarked vacancies. The said vacancies are set apart to the low vision category as well as hearing impairment category. The vacancies set apart for differently abled persons remained unfilled for want of candidates belonging to the low vision category as well as hearing impairment category. Hence, the petitioner filed Annex.A5 representation dtd. 26/6/2019 to appoint him in the vacancy set apart for differently abled persons. Aggrieved by non consideration of Annex.A5, the petitioner had filed OA(Ekm) No.1078/2019, pursuant to which, on a direction given by the tribunal, the request of the petitioner was denied as per Annex.A7, wherein it was concluded that the category interchange cannot be allowed and the petitioner cannot be given advice and appointment. Challenging the same, the petitioner again approached the tribunal, and after an elaborate consideration of the issue, the tribunal dismissed the original application filed by the petitioner. It is aggrieved by this, the petitioner is before this Court with this original petition.

(2.) The main grievance raised by the petitioner is that despite non availability of candidates belonging to low vision and hearing impairment categories in the list, the vacancy against the turns for differently abled category is set apart for the said categories itself. According to him, in the absence of candidates with specific disability, the same was to be interchanged among other categories of differently abled candidates and the petitioner, being a candidate with locomotor disability, who alone is included in the ranked list, has to be considered.

(3.) It is relevant to refer to Sec. 34(2) of the Rights of Persons with Disabilities Act, 2016 (for short, "the Act"), which reads thus;