KERALA PUBLIC SERVICE COMMISSION Vs. SAMMON

JUDGEMENT

(1.) The Kerala Public Service Commission has filed this Original Petition, challenging Ext.P4 order of the Kerala Administrative Tribunal ('KAT' for short) in O.A.No.2453 of 2013, evidenced herein by Ext.P4. As per Ext.P4, the KAT has found that, the petitioner was not entitled to conduct (suitability) test in respect of the physically handicapped candidates who are considered for appointment to posts identified by the Government as suitable for the appointment of such physically handicapped persons.

(2.) The Respondent was an applicant for selection and appointment to the post of Assistant/Auditor (Category No.436/2012) in the Secretariat/P.S.C/Local Fund Audit etc., pursuant to a notification issued by the petitioner inviting applications for the same. The Respondent is a person who is suffering from 40% orthopaedic disability. He had produced his disability certificate before the KAT along with the O.A. as Annexure-A1. The application was considered and he was included in Annexure-A6 probability list of candidates published by the P.S.C. He got 63 marks in the written test that was conducted and it was for the said reason that, he was included in the main list of probable candidates. Later on, he was called for a verification of the certificates and interview including the suitability assessment on 23.03.2013. When Annexure-A8 rank list was published on 08.04.2013, he was not included in it. His number was included under the heading "unsuitable" at the bottom of the said list.

(3.) It was in the said circumstances that, the Respondent had approached the KAT with O.A.No.2453 of 2013. According to the Respondent, he was not liable to be excluded for more reasons than one. It was contended that except asking him to write something on a paper, no other suitability test was conducted by the petitioner. It was further contended that, the Government having identified the post as "suitable for appointment of physically handicapped persons" it was not open to the petitioner to have conducted another suitability test and excluded the petitioner. It was contended that, after the enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the 'Disabilities Act', for short), it was for the appropriate Government to identify the posts to which physically handicapped persons could be appointed. Such an identification having been conducted by the appropriate Government, the petitioner had no authority to conduct a further suitability test.