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

Dr.Atul Jaiswal atuljais111 at gmail.com
Mon Jul 19 17:07:06 EDT 2010


To me also... i m keen to find out the actual judgement

On Mon, Jul 19, 2010 at 8:40 AM, Kanchan Pamnani
<kanchanpamnani at gmail.com>wrote:

> 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
> Voice your thoughts in the blog to discuss the Rights of persons with
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-- 
Dr. Atul Jaiswal
M.A. in Disability Studies And Action-II year,
Member of Career Guidance and Placement cell, TISS,
Member of Literary Club, TISS,
and
Member of TISS Peer Support Group.

"Follow your heart and your dreams will come true."



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