High Court Kerala High Court

Ashakumari P vs State Of Kerala on 18 July, 2008

Kerala High Court
Ashakumari P vs State Of Kerala on 18 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21666 of 2008(D)



1. ASHAKUMARI P.
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.S.KRISHNAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :18/07/2008

 O R D E R
                            V.GIRI,J.
                     -------------------------
                 W.P ( C) No.21666 of 2008
                     --------------------------
               Dated this the 18th July, 2008

                       J U D G M E N T

The contentions raised by the petitioner for applying

3% reservation to the list published by the Public Service

Commission for the post of Municipal Secretary on the

culmination of general recruitment has been considered

by me and rejected in Exhibit-P4 judgment (in so far as it

relates to W.P (C) No.37825 of 2007). Public Service

Commission has taken note of the judgment and as per

Exhibit-P5 it replied stating that the petitioner was not

advised for appointment as her turn for appointment did

not arise as per the rules of reservation and rotation.

Three percentage reservation should be granted to

physically handicapped persons. But it need not be

applied in the case of selection which has already been

undertaken as part of the general recruitment. The

notification issued by the Public Service Commission

leading to Exhibit-P1 did not provide for 3% reservation

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and it is therefore that I have in Exhibit-P4 judgment

negated the contentions of the petitioner requiring the

Government and the Commission to apply the ratio

available for physically handicapped persons against the

rank list published at the end of general recruitment

undertaken by the Commission.

In my view, if the petitioner is aggrieved by the same,

her remedy is in relation to Exhibit-P4 judgment and not

by way of filing a fresh writ petition.

In the circumstances, the writ petition is dismissed.

(V.GIRI, JUDGE)
ma

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