M.PONNIAH Vs. CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner is affected by Polio from the hip downwards, and suffers from locomotive disability. He had been a petitioner in W.P.(MD)No.1691 of 2011, where the challenge had been to G.O.Ms.No.16 Public (Special.A) Department dtd. 5/1/2011 on the ground that no reservation had been provided for the category of Persons with Disability (PwD). The petitioner had therein, sought a consequential direction for his appointment as District Judge (Entry level).

(2.) That Writ Petition had been taken up along with other Writ Petitions culminating in decision dtd. 11/3/2011, wherein the Division Bench, after hearing the rival contentions advanced, was of the opinion that they had to strike a balance in the situation. They took note of the Constitutional mandate for provision of reservation for PwD, noting simultaneously that the State Government had not identified the posts meant for reservation. In the ultimate analysis, they were of the view that it was not an appropriate case to disturb the selection of judges already made.

(3.) The Writ Petitions were thus dismissed making it clear that there shall be a provision for reservation of PwD in fulfillment of the constitutional mandate in the immediate next vacancy of District Judges subject to availability and suitability of the candidate. In the present Writ Petition, the challenge is to Notification dtd. 1/5/2013 along lines similar to the earlier Writ Petition, on the ground of no reservation having been provided for the category of PwD.