The petitioner, who is having 90% visual disability has filed this writ petition seeking a direction to the 2nd respondent - The Registrar General of the High Court of Kerala to identify and earmark posts available for appointment of blind and partially blind persons as provided under Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995. (hereinafter referred as 'the Act, 1995' for short). He seeks a declaration that 1% of the posts available in Kerala High Court Service is to be identified and earmarked to be filled up by persons with disability of blindness and seeks a direction to make appointments by a process of selection and to consider W.P.(C).No.27783 of 2015 2 him and appoint him in any of such posts. Petitioner also seeks a direction to the respondents 3 and 4 to take steps to protect the rights of the disabled, under Section 33 of the Act without any further delay.
2. The complaint of the petitioner is that 2 nd respondent is not making appointments in implementation of Section 33 of the Act, 1995, of physically disabled persons against 3% of the vacancies in the High Court of Kerala, out of which 1% shall be reserved to those with low vision/blindness. Petitioner who aspires for an appointment in the High Court of Kerala submits that there is not a single person with visual disability, working in the High Court. He claims that he submitted Ext.P4 representation to the Chief Minister seeking intervention and his representation was forwarded to the Law Secretary and thereafter to the High Court for further action. Petitioner points out that as per Ext.P6 letter dated 18.08.2014, he was informed that W.P.(C).No.27783 of 2015 3 there was no provision for reservation to a blind person in any of the posts mentioned in Rule 11(2) of High Court Rules, 2007 and that the amendment for the same was pending consideration. Petitioner thereupon submitted Ext.P7 representation before the Registrar General on 19.08.2015 requesting for temporary appointment in the High Court service pending amendment of the Rules. Petitioner claims that the matter was taken up before the Vocational Rehabilitation Centre for Handicapped also as per Ext.P8 representation. Petitioner thereafter received Ext.P9 letter from the 2nd respondent stating that amendment of Rule 11(2) of the Kerala High Court Service Rules for granting relaxation of upper age limit and for providing for grace marks to the physically handicapped candidates were under consideration of the Rules Committee of the High Court. It is in the above circumstances that petitioner filed this writ petition. W.P.(C).No.27783 of 2015 4
4. According to the petitioner, being a Law Graduate he is eligible for appointment in several of the posts under the 2nd respondent. According to him, the 2nd respondent has to formulate a scheme for direct recruitment of physically handicapped persons as done by the State Government.
5. The 2nd respondent has filed a counter affidavit pointing out that Rule 11(2) Kerala High Court Service Rules, 2007 provides for reservation against 3% vacancies arising every year of appointment, to the physically handicapped persons, who satisfy the criteria laid down in Rule 9(e) of Part II of the KS&SSR. This reservation is applicable to the posts of (1) Computer Assistant Gr.II, (2) Telephone Operator, (3) Typist Copyist Grade-II, (4)Clerical Assistant,(5)Binder, (6) Lift Operator, (7)Duplicator Operator,(8) Gardener and (9) Office Attendant. It is further stated that persons with partial blindness or low vision would be W.P.(C).No.27783 of 2015 5 eligible for appointment to the categories of Clerical Assistant, Duplicator Operator and Gardener only, as per Rule 11(2). As per the Rule 9(e), as amended with effect from 16.05.2003 a physically handicapped person means b