Kerala High Court

WP(C)/44340/2023 of AJITH V.S Vs UNION OF INDIA on 29 December 2023

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 WP(C) NO. 44340 OF 2023 PETITIONER: AJITH V. S., AGED 35 YEARS, S/O. VIJAYAN NAIR B. AVITTAM, KADAMBANAD, CHERIYAKONNI, ARUVIKKARA, THIRUVANANTHAPURAM, PIN -

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945

WP(C) NO. 44340 OF 2023

PETITIONER:

AJITH V. S.,AGED 35 YEARS, S/O. VIJAYAN NAIR B. AVITTAM, KADAMBANAD, CHERIYAKONNI, ARUVIKKARA, THIRUVANANTHAPURAM, PIN - 695013.BY ADV. SMT. M. KABANI DINESH

RESPONDENTS:

1UNION OF INDIA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT,DEPARTMENT OF EMPOWERMENT OF PERSONS WITH DISABILITIES,PT. DEENDAYAL ANTYODHAYA BHAWAN, CGO COMPLEX, NEW DELHI, PIN - 110003.2THE CENTRAL SILK BOARD,REPRESENTED BY ITS MEMBER SECRETARY & CEO, CSB COMPLEX, B.T.M. LAYOUT, MADIVALA, HOSUR ROAD, BANGALORE, KARNATAKA, PIN - 560068.

BY ADV.

S. MANU - DEPUTY SOLICITOR GENERAL OF INDIA

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C. JAYACHANDRAN, J.

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W.P.(C) No.44340 of 2023

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Dated this the 29[th] day of December, 2023

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JUDGMENT

1. The petitioner is aggrieved by Exhibit P-5 order, which rejected his request to use his own keyboard for appearing in the typing testfor selection to the post of UD Clerk. The petitioner claims that he is100% visually impaired, which fact is supported by Exhibit P-1certificate. Going by Exhibit P-4 Office Memorandum (Clause IX), thepetitioner is entitled to use his own keyboard, which have largerfont. This application was, however, rejected by the 2[nd] respondenton the premise that the keyboard which is brought in by thecandidates cannot be permitted. Technical glitch was also pointedout that the keyboard to be brought in by the candidates may not becompatible to the system with which the candidates have toundergo the test.

2. Having heard the learned Counsel for the petitioner, as also,the learned Deputy Solicitor General of India, this Court is of theopinion that the grievance of the petitioner is liable to be redressed,without offending the stipulations contained in the guidelines issued by the 2[nd ]respondent.

3. In the touchstone of Article 14 of the Constitution, thepetitioner, being a 100% visually impaired person, is entitled to allreasonable protection and equitable considerations. In thecircumstances, this Court directs the petitioner to provide thedetails of the make and model of the keyboard, which will suit thepetitioner's purpose, to the 2[nd] respondent, who, in turn, will arrangeto make available the said keyboard for the purpose of typing test,which the petitioner has to undergo. It is also directed that thecompatibility of the said keyboard shall be pre-checked by the 2[nd]respondent, so as to avoid any technical problem during the courseof the test.

With the aforesaid directions, the writ petition stands disposed of.

Sd/-

C. JAYACHANDRAN, J.

JUDGE

APPENDIX OF WP(C) 44340/2023

PETITIONER'S EXHIBITS

EXHIBIT P1TRUE COPY OF THE DISABILITY CERTIFICATE ISSUEDTO THE PETITIONER FROM GOVT. MEDICAL COLLEGEHOSPITAL, THIRUVANANTHAPURAMTO THE PETITIONER FROM GOVT. MEDICAL COLLEGEHOSPITAL, THIRUVANANTHAPURAM

EXHIBIT P2TRUE COPY OF THE RELEVANT PAGES OF THE NOTICEDTD.25.12.2023 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENTDTD.25.12.2023 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT

EXHIBIT P3TRUE COPY OF THE ADMISSION CERTIFICATE ISSUEDTO THE PETITIONER FOR TYPIST TEST SCHEDULED TOBE CONDUCTED ON 3.1.2024TO THE PETITIONER FOR TYPIST TEST SCHEDULED TOBE CONDUCTED ON 3.1.2024

EXHIBIT P4TRUE COPY OF THE RELEVANT PAGES OF THE OFFICEMEMORANDUM DTD.29.8.2018 ISSUED BY THE 1STRESPONDENTMEMORANDUM DTD.29.8.2018 ISSUED BY THE 1STRESPONDENT

EXHIBIT P5TRUE COPY OF THE MAIL RECEIVED ON 26.12.2023

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