V. SURENDRA MOHAN versus STATE OF TAMIL NADU & ORS.

Citation: [2019] 1 S.C.R. 954 · Decided: 22-01-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Dismissed

Cited by 3 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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954
SUPREME COURT REPORTS
[2019] 1 S.C.R.
V. SURENDRA MOHAN
v.
STATE OF TAMIL NADU & ORS.
(Civil Appeal No. 83 of 2019)
JANUARY 22, 2019
    [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.]
Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 –  Tamil Nadu Public Service
Commission (TNPC) received a requisition from the State Government
for 162 posts of Civil Judge (Junior Division) – TNPC proposed to
notify the percentage of disability as 40%-50% for partially blind
and partially deaf – State Government by order dated 08.08.2014
communicated the decision to go ahead with the percentage of
disability as 40%-50% for partially blind and partially deaf with
the consultation of the High Court – Pursuant thereto, TNPC issued
notification inviting applications for direct recruitment – Appellant
appeared in selection process under partially blind category –
Disability Certificate issued to the appellant mentioned his disability
as 70% – Written examination was conducted – Name of the
appellant was not included in the list of successful candidates –
Writ petition filed by the appellant – High Court held that as per
government order dated 08.08.2014 and Notification issued by
TNPC partially blind with 40%-50% disability were only eligible to
participate in the selection process – On appeal, held: The
advertisement-notification clearly provided that post of Civil Judge
was identified as suitable for partially deaf/partially blind/ortho
categories of differently abled persons with 40%-50% disability –
Certificate of disability submitted by the appellant mentioned
appellant having disability of 70%, which made him ineligible for
the post of Civil Judge advertised by notification, since the disability
required for the post was only 40%-50% – High Court did not commit
any error in dismissing the Writ petition filed by the appellant –
Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules,
2007.
[2019] 1 S.C.R. 954
954
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Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 – Condition of 40%-50%
disability for partially blind and partially deaf categories of disabled
persons in a notification for recruitment of Civil Judges (Junior
Division) issued by the Public Service Commission – Validity of –
Tamil Nadu Public Service Commission (TNPC) issued notification
for the 162 posts of Civil Judge (Junior Division) and announced
40%-50% disability for partially blind and partially deaf categories
of disabled persons – Held: Judicial Service being part of Public
Service, the State in consultation with the High court is fully
empowered to lay down the eligibilities for selection on the post of
Civil Judge (Junior Division) – The condition of having 40%-50%
disability was prescribed by the Public Service Commission as per
the Government Order issued by the State after consultation with
the High Court – There was consensus in the view of State
Government, Public Service Commission and the High Court that
partially blind and partially deaf persons suffering with disability
be allowed to participate in the recruitment, who has disability of
40%-50% – Thus, condition of 40%-50% disability for partially
blind and partially deaf categories of disabled persons cannot be
said to be invalid – Tamil Nadu State Judicial Service (Cadre and
Recruitment) Rules, 2007.
Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995 – s.33 – Tamil Nadu Public
Service Commission (TNPC) issued notification for 162 posts of
Civil Judge (Junior Division) and announced 40%-50% disability
for partially blind and partially deaf for the selection in question –
Appellant contended that Act, 1995 does not provide for any such
restriction that the eligibility is of only those who suffer from disability
of 40%-50%  –  Held: s.33 of the Act, 1995 requires that every
appropriate Government shall appoint in every establishment such
percentage of vacancies not less than three percent for persons or
class of persons with disability of which one percent each shall be
reserved for persons suffering from blindness or low vision – The
present is not a case where the respondent has not reserved the post
for partial disability as required by s.33 of the Act, 1995 – Thus,
requirement of reservation as mandated by s.33 is clearly fulfilled –
The State, which is appointing authority of Public Service in
V. SURENDRA

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