G SURESHKUMAR Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The prayer in the writ petition is to quash the Notification dated 01.07.2005 issued by the first respondent insofar as Note No.(vii) "3% reservation for physically handicapped persons will not apply to this recruitment" and consequently direct the respondents to follow reservation for persons with disability and the recruitment in the post of Assistant Surgeon (General) and Assistant Surgeon (Speciality) notified under the said advertisement and consider the case of the petitioner under reservation for persons with locomotor disability or cerebral palsy as per the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and recruit the petitioner to one post under such reservation.

(2.) The case of the petitioner is that the first respondent issued Notification/Advertisement No.067 for recruitment of 1295 Assistant Surgeons (General) and 530 Assistant Surgeons (Speciality) in the State of Tamil Nadu by prescribing the qualification for the post. Recruitment is to be based on written test followed by oral test. The petitioner was given hall ticket and he also appeared for the written test on 16.10.2005. The petitioner is a physically handicapped person with locomotor disability suffering from "anterior polio" on his right lower limb and as such, he is coming within the definition of a person with disability as defined under Section 2(i) r/w Section 2(o) and 33(iii) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Act'). In the Notification, the first respondent has stated that 3% of reservation for physically handicapped persons will not apply to the recruitment under the said Notification.

(3.) The petitioner filed W.P.No.37321 of 2005 and prayed for issuance of a writ of mandamus directing the respondents to follow the reservation as provided in the said Act, without challenging the Notification issued by the first respondent. The said writ petition was withdrawn with liberty to challenge the Notification. According to the petitioner, he having secured high marks in the written test, was called for to attend the oral test held on 16.02.2006. According to the petitioner, only on account of failure to make 3% reservation in the recruitment, he was not selected. Therefore, this writ petition is filed with the above said prayer contending that failure to make reservation by the first respondent in the Notification is violative of Section 33 of the Act and if 3% reservation is provided, at least 1% of the vacancies could be reserved for persons with locomotor disability or cerebral palsy. The action of the respondents is arbitrary and he has sought for a direction to quash the Notification.