WP(C) NO. 31767 OF 2024 1 2025:KER:28392 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 31767 OF 2024 PETITIONER/S: SUMESH V.K, AGED 40 YEARS, O CHANDRAN NAIR, SUMALAYAM HOUSE, THARUVANA P.O, WAYANAD-670645, PIN - 670645 BY ADVS. S.S. ARAVIND, SANKARANARAYANAN.P, TINU ABRAHAM RESPONDENT/S: 1 THE DISTRICT EMPLOYMENT OFFICER, DISTRICT EMPLOYMENT EXCHANGE, CIVIL STATION. KALPETTA, WAYANAD, PIN - 673122 2 THE DISTRICT MEDICAL OFFICER INDIAN SYSTEMS OF MEDICINE, WAYANAD ST. MARY'S ORTHODOX CHURCH BUILDING 1ST FLOOR, KALPETTA NORTH, WAYANAD, PIN - 673122 BIMAL K. NATH-SR.GP THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31767 OF 2024 2 2025:KER:28392 JUDGMENT The petitioner claims to suffer 50% benchmark disability of Organic amnestic syndrome. The petitioner's grievance is that for the one vacancy of part-time sweeper in Bharatiya Chikithsa Department of the Office of the District Medical Officer, Wayanad, no reservation is made for persons with benchmark disabilities under Section 34 of the Rights of Persons with Disabilities Act 2016. 2. When there is only one vacancy, no reservation can be worked out. The maximum reservation for persons with disability is 4% of the vacancies. If there is only one vacancy, a 4% reservation cannot be provided for persons with disabilities. Therefore, this Court finds no substance in the writ petition, which is hereby dismissed. Sd/- D. K. SINGH JUDGE jjj WP(C) NO. 31767 OF 2024 3 2025:KER:28392 APPENDIX OF WP(C) 31767/2024 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 3-11-2020 ISSUED FROM WAYANAD DISTRICT MEDICAL BOARD, DISTRICT HOSPITAL, MANNATHAVADY Exhibit -P2 TRUE COPY OF THE MEMO DATED 15.07.2024 ISSUED FROM 2ND RESPONDENT Exhibit -P3 TRUE COPY OF THE LETTER DATED 13.08.2024 ISSUED FROM 2ND RESPONDENT Exhibit P4 TRUE COPY OF APPLICATION DATED 16-12-2024 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT AND ITS ENGLISH TRANSLATION Exhibit P5 TRUE COPY OF REPLY TO EXHIBIT P4 APPLICATION UNDER RIGHT TO INFORMATION ACT WAS OBTAINED BY ME ON 27-12-2024 AND ITS ENGLISH TRANSLATION