R SHARAVANAN Vs. TRANSPORT COMMISSIONER TRANSPORT DEPARTMENT

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of mandamus directing the respondent to appoint the petitioner as Motor Vehicle Inspector Grade-II forthwith in the vacancy meant and reserved for physically disabled persons.

(2.) THE brief facts necessary for disposal of the writ petition are as follows:

(3.) THE learned counsel further submitted that the Government of Tamil Nadu having reserved 3% posts of Motor Vehicle Inspector Gr-II to the physically challenged persons, that too under the three categories viz., Ortho, Blind and Deaf, the respondents herein cannot decline the request of the petitioner in issuing appointment/posting order even after he was selected by the TNPSC, on the alleged ground that the petitioner may not be in a position to drive the vehicle and discharge the official duties of Motor Vehicle Inspector Gr-II. The learned counsel further argued that the post being reserved for Ortho, Blind and Deaf candidates, the Government was aware of the fact that the candidates suffering from blindness, etc., will not be in a position to drive motor vehicles and they cannot perform their duties similar to healthy persons. The Act having been framed by the Central Government and the State Government having taken a decision to implement the reservation to the post of Motor Vehicle Inspector Gr-II, the respondent is not justified in contending that the petitioner may not be able to drive the vehicle and perform his duties as Motor Vehicle Inspector Gr-II. Even assuming that the petitioner is not able to perform his duties as a normal person, petitioner's service can be utilised in the office, without giving any field work. The learned counsel cited various decisions in support of his contentions.