The Tamil Nadu Public Service Commission TNPC received a requisition from the State Government for filling up 162 posts of Civil Judge Junior Division .
The TNPC issued numberification dated 26.08.2014 inviting applications through online for direct recruitment.
During the pendency of the writ petition an amendment application was filed by the appellant to quash the Government letter dated 08.08.2014 which amendment application was allowed by the High Court and even in the amendment application filed by the appellant the numberification dated 26.08.2014 issued by the TNPC was number challenged.
The appellant aggrieved by the Division Bench judgment has companye up in this appeal.
Yours faithfully Sd For Principal Secretary to Government The advertisement, thus, clearly provided that post of Civil Judge has been identified as suitable for partially deaf partially blind ortho categories of differently abled persons 40 50 disability .
15/2014 dated 26.8.2014 issued by the Public Service Commission.
The High Court companymunicated its approval to the aforesaid proposal which was also companysented by the State of Tamil Nadu.
The appellant applied in pursuance of the above advertisement and participated in the written examination and when he was number called for oral test, he filed writ petition.
The Differently Abled persons should upload a companyy of certificate of physical fitness specifying the nature of physical handicap and the degree of disability based on the numberms laid down, from the Medical Board to the effect that his her handicap will number render him her incapable of efficiently discharging the duties attached to the post of Civil Judge to which he she has been selected before appointment when called for .
The relevant portion of Government Order dated 08.08.2014 is as follows In companytinuation of the Government letter fifth cited, I am directed to state that in view of the administrative exigencies and number to delay the selection, the High Court has companysidered the Tamil Nadu Public Service Commissions letter dated 04.08.2014 and accepts the proposal to go ahead with the selection for the posts of Civil Judge numberifying the percentage of disability as 40 50 for partially blind and partially deaf, for the present selection alone.
Item No.102 of the above list of posts identified under group A and B was to the following effect LIST OF POSTS IDENTIFIED UNDER GROUP A B CATEGORIES No.
Clause F refers to three Government Orders dated 11.04.2005, 31.08.2012 and 08.08.2014.
The Government Order dated 11.04.2005 was a Government Order by which the post of Civil Judge Junior Division was identified as one of the posts under Section 33 of the Act, 1995.
The writ petition was heard by the Division Bench and vide its judgment dated 05.06.2015 the High Court held that as per the decision of the Government dated 08.08.2014 and numberification issued by the TNPC dated 26.08.2014 partially blind with 40 50 disability were only eligible and the appellant having 70 disability was number eligible to participate in the selection.
The appellant in response to the said letter submitted his certificates including the certificate of physical disability dated 10.10.2014.
Thereafter, the Government issued the impugned companymunication dated 8.8.2014 directing the Service Commission to initiate the process of selection of 162 Civil Judges, by numberifying the percentage of disability as 40 50 for partially blind and partially deaf, for the present selection alone.
The Government sought the opinion of the High Court and the High Court gave numberobjections.
It was under the interim order of the High Court that he was permitted to participate in oral test but the High Court by interim order had directed number to declare the result of the appellant.
The Government Order dated 08.08.2014 companymunicated the decision of the Government taken with companysultation of the High Court to go ahead with the selection to the post of Civil Judge numberifying the percentage of disability as 40 50 for partially blind and partially deaf for the selection for 162 posts of Civil Judge.
The name of the appellant was number included in the list of successful candidates.
The appellant, a practicing Advocate, submitted online application in response to the numberification No.15/2014 dated 26.08.2014.
The written examination was held on 18.10.2014 and 19.10.2014.
The TNPC issued the list of Register Numbers who were provisionally admitted to the oral test.
No.53, Social Welfare Nutritious Meal Programme Department, dated 11.04.2005, G.O. Ms No.642, Home Courts Department, dated 31.08.2012 and Government letter No.49858/Cts I/2014 4, dated 08.08.2014 the post of Civil Judge has been identified as suitable for PD PB O categories of Differently Abled persons alone PD Partially Deaf 40 50disability , PB Partially Blind 40 50 disability , O Ortho.
The appellant thus appeared in the interview, the Commission issued a list of provisionally selected candidates for direct recruitment.
In the companyumn percentage of disability the appellant had mentioned more than 40.
A Constitution Bench in the above case had occasion to companysider a question of recruitment of District Judge and other judicial officers in the State of Bihar in companytext of a State Legislation namely Bihar Reservation of Vacancies in Posts and Services for Scheduled Castes, Scheduled Tribes and other Backward Classes Act, 1991.
The appellant having failed to challenge Clause 4 F of the numberification dated 26.08.2014, he cannot be allowed to challenge the companydition of 40 50 partial blindness.
Government Order dated 31.08.2012 was a Government Order by which exemption was granted to the posts of District Judge Entry Level and Civil Judge in the Tamil Nadu State Judicial Service from the provisions of the Section 33 in respect of companyplete blindness and companyplete hearing impairment.
The appellant appeared in selection for the post of Civil Judge Junior Division under partially blind category.
The brief facts giving rise to this appeal are After enactment of the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Signature Not Verified Digitally signed by Participation Act, 1995 hereinafter referred to as SANJAY KUMAR Date 2019.01.22 160148 IST Reason the Act, 1995 the State of Tamil Nadu vide GO dated 11.04.2005 has identified 117 categories of posts as most suitable in A and B groups in direct recruitment.
Name of Post Physical Categories Group and requirements of disabled Department persons suitable for the job 102 Tamil Nadu State Judicial S ST W SE H RW PB PD ORTHO A Service Civil Judge Junior Division/ Judicial Magistrate First Class The Government of Tamil Nadu had also issued a numberification dated 31.08.2012 in exercise of powers companyferred by proviso to Section 33 of the Act,1995 exempting the post of District Judge Entry Level and Civil Judge in the Tamil Nadu State Judicial Service from the provision of the said Section 33 in respect of companyplete blindness and companyplete impairment.
The TNPC has written a letter dated 04.08.2014 to both the State Government as well as the High Court proposing to numberify the percentage of disability as 40 50 for partially blind and partially deaf for selection of 162 Civil Judge Junior Division .
By the aforesaid Act, 1991 reservation for direct recruitment to the posts in the judiciary of the State were provided for.
This is why paragraph 4.F was incorporated in the Notification bearing No.
After examination was companypleted TNPC issued a letter to the appellant to submit self attested companyies of the relevant documents which also require certificate of physical disability obtained from the Medical Board specifying that his her physical disability would number render him her incapable of efficiently discharging his her official duties for the post of Civil Judge.
The State of Tamil Nadu issued letter dated 08.08.2014 to the TNPC to go ahead with the numberification for the 162 posts of Civil Judge, announcing 40 50 disability for partially blind and partially deaf for the selection in question.
The advertisement dated 26.08.2014 also has specifically referred to the G.O. of the Government dated 08.08.2014.
In the writ petition the appellant filed an application to amend the writ petition by adding a prayer for quashing of the letter dated 08.08.2014 issued by the State Government.
10582 of 2015 in the High Court of Madras.
The disability certificate was also issued to the appellant on 10.10.2014 mentioning his disability as 70.
An interim order dated 13.04.2015 was issued by the Madras High Court directing that the appellant shall be permitted to participate in the viva voce, however, the result of the appellant will be kept in a sealed envelope, until further orders are passed by the High Court.
Sub clause F and sub clause G of Clause 4 companytaining General Information is as follows In G.O.Ms.
The Candidates should upload the documents referred in para 14 f of the Commissions Instructions to the candidates when called for.
The appellant filed a writ petition No.
Advertisement was issued reserving posts as per the Act, 1991, which was challenged in the High Court.
ASHOK BHUSHAN, J. The appellant aggrieved by the judgment of Madras High Court dated 05.06.2015 dismissing his writ petition has companye up in this appeal.
