N.M.SHANOJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in O.A.No.483 of 2012 is before us challenging the order dated 16.6.2015 of the Kerala Administrative Tribunal (hereinafter referred to as "the KAT" for short). The petitioner is a physically challenged person stated to be suffering from an orthopedic disability which according to him is 40%. He claimed that he was entitled to be appointed against one of the vacancies reserved for persons with disability under the provision of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Act" for short). Pursuant to a notification issued by the 2nd respondent inviting applications for selection and appointment to the post of Lower Division Clerk, the petitioner had submitted an application. After the selection process, he was ranked as No.17 in the "Orthopaedically Handicapped Category". The list has expired on 31.3.2012. For the above reason, the KAT has dismissed the Original Application.

(2.) According to the petitioner, there were a large number of vacancies available in the various Departments in Wayanad District. But the vacancies were not properly reported by the departmental heads to the 2nd respondent. Reliance is placed on Annexure -A2 order issued by the Government, wherein it has been directed that a special recruitment be conducted for filling up the vacancies that are identified for the appointment of physically handicapped persons. It is also contended that, dismissal of the petitioner's Original Application on the ground that the list has expired was totally unjustified.

(3.) According to Advocate Sri.P.M.Pareeth, who appears for the petitioner, the Apex Court has in the decision in State of U.P. Vs. Ram Swarup Saroj (2000 (3) SCC 699) held that where an Original Application has been filed before the expiry of the list, the relief therein would not become infructuous by virtue of the expiry of the list during the pendency of the proceedings. Reliance is also placed on the decision of a Division Bench of the Delhi High Court in Ravi Prakash Guptha Vs. U.P.S.C and others, which has been affirmed by the Apex Court in the decision reported in Government of India and another Vs. Ravi Prakash Guptha and another (2010 (7) SCC 626), to put forward a contention that, 3% of the total number of vacancies reported to the Public Service Commission would have to be set apart for being filled up by physically handicapped persons. Such a procedure not having been adopted in the matter of filling up the posts notified in the present case, the order of the KAT requires to be interfered with, it is contended.