Will someone post the full judgement please.
K
----- Original Message -----
From: "Gopalakrishnan" <[email protected]>
To: "Access India" <[email protected]>
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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