[AI] Implement 3 p.c. quota for physically challenged

Kanchan Pamnani kanchanpamnani at gmail.com
Sun Jul 18 23:10:29 EDT 2010


Will someone post the full judgement please.
K

----- Original Message ----- 
From: "Gopalakrishnan" <gopalakrishnan_vip at yahoo.co.in>
To: "Access India" <accessindia at accessindia.org.in>
Sent: Sunday, July 18, 2010 8:13 AM
Subject: [AI] Implement 3 p.c. quota for physically challenged


Implement 3 p.c. quota for physically challenged: court



CHENNAI, July 17, 2010



K. T. Sangameswaran



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.



Source:

www.the hindu.com
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