[AI] a highcourt order regarding handicap quota
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Sun Jul 18 00:53:29 EDT 2010
Implement 3 p.c. quota for physically challenged: court
For all posts, including those in groups ‘A' and ‘B'
CHENNAI: The Madras High Court has made it clear that the government should implement three per cent reservation in all posts, including those in groups ‘A' and `B' and for all future recruitments under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act.
Justice N. Paul Vasanthakumar passed the order on a writ petition filed by a physically challenged person with locomotor disability. He also restrained authorities from inviting applications in future for filling the posts without reserving three per cent for the physically challenged.
In his petition, G. Sureshkumar stated that the TNPSC issued an advertisement in July 2005 for recruitment of 1295 Assistant Surgeons (General) and 530 Assistant Surgeons (Speciality). He sought quashing of the notification citing the note embedded in it that “3 per cent reservation for physically handicapped persons will not apply to this recruitment.”
He had secured high marks in the written test and was called for the interview. Only on account of failure to make the reservation, he was not selected.
He sought a consequent direction to authorities to follow the reservation for persons with disability, consider him under reservation for persons with locomotor disability or cerebral palsy as per the provisions of the Act and recruit him.
In its counter, TNPSC contended that General Rules stated that reservation for physically challenged candidates should be made applicable in respect of posts in groups ‘C' and ‘D' alone. The government had issued orders in February 1988 in respect of Executive Posts in ‘A' and ‘B' categories and no reservation needed to be made for the differently-abled.
It also said that by a Health Department G.O. of July 1999, posts of Assistant Surgeon (both clinical and non-clinical), Medical Officer (Siddha) had been classified as Executive Posts. Therefore, no reservation was made in the notification.
Mr. Justice Paul Vasanthakumar, citing rulings of the Supreme Court and the High Court, said in the light of the Supreme Court judgment, the authorities' stand could not be sustained. They could not now rely on a proviso to Rule 22 of the Tamil Nadu State and Subordinate Service Rules as the rule had been declared ultra vires by a Division Bench.
The judge said that the petitioner's application submitted under the general category having been rejected on the ground of not signing it and the said decision having been upheld by the Supreme Court in a connected matter, he was unable to give any relief to the petitioner in respect of the selection already made.
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