BINDU.S, D/O.LATE P.K.REGHAVAN PILLAI versus THE KERALA PUBLI SERVICE COMMISSION

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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BINDU.S, D/O.LATE P.K.REGHAVAN PILLAI v. THE KERALA PUBLI SERVICE COMMISSION - WP(C) No. 23492 of 2006(V) [2007] RD-KL 2174 (31 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23492 of 2006(V)

1. BINDU.S, D/O.LATE P.K.REGHAVAN PILLAI,
... Petitioner

Vs

1. THE KERALA PUBLI SERVICE COMMISSION,
... Respondent

2. THE SECRETARY, KERALA PUBLIC SERVICE

For Petitioner :SRI.M.K.CHANDRA MOHANDAS

For Respondent :SRI.P.C.SASIDHARAN, SC, KPSC

The Hon'ble MR. Justice K.K.DENESAN

Dated :31/01/2007

O R D E R

K.K. DENESAN, J.

= = = = = = = = = = = = = = = W.P.(C) No. 23492 OF 2006 V = = = = = = = = = = = = = = =

Dated this the 31st January, 2007

J U D G M E N T

The petitioner felt aggrieved by the initial stand taken by the Commission not to permit her to participate in the selection process for appointment to the post of Agricultural Assistant Grade II on the ground that she is a physically handicapped person, and therefore, not qualified to apply for the post. Learned counsel for the petitioner submitted that the stand taken by the Commission cannot be sustained since going by the qualifications prescribed for the post as per the special rules, physically handicapped persons cannot be totally excluded from the purview of selection and appointment. After entering appearance before this Court in this writ petition, the Commission reconsidered the initial stand taken and decided that physically handicapped persons cannot be excluded from the purview of selection without conducting appropriate test or verification in accordance with law. As a result of the above decision, the petitioner was called for interview and the Commission assessed her  WPC No.23492 /2006 -2- eligibility and suitability for the post, and based on such assessment, has included her in the rank list. The rank list has got two sets and the petitioner's name finds a place against Sl. No. 330A of Part I of list II.

2. In the light of the above decision taken by the Commission, the reliefs prayed for in this writ petition do not survive. The writ petition has become infructuous and is disposed of reserving the right of the petitioner to challenge the rank assigned to her, in case she feels aggrieved by the assignment of rank as 330A in Part I of list II. K.K. DENESAN

JUDGE

jan/ 

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