P KUMARAN Vs. STATE OF TAMIL NADU, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT; SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION AND THE CONTROLLER OF EXAMINATION AND SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner, a handicapped person, preferred this writ petition for direction on respondents to appoint him as Civil Judge (Jr. Division) against 3% quota earmarked for physically handicapped persons.

(2.) Learned Counsel for the petitioner addressed the court on merit on 4th Sept., 2008. This Court having noticed that the petitioner applied pursuant to a notification dated 4th Sept., 2003, issued by the Tamil Nadu Public Service Commission and that, subsequently, again advertisement published on 10th May, 2008, for filling up the post of Civil Judge (Jr. Division) pursuant to which recent examination held on 2nd/3rd Aug., 2008, counsel for the petitioner was asked to address this Court as to how appointment could be made out of a stale panel, prepared in the year 2003 i.e. after five years and whether out of 101 notified posts (notified on 4th Sept., 2003) any post was kept vacant for appointment of the petitioner.

(3.) Learned Counsel appearing on behalf of the Public Service Commission produced a communication sent to her by the Tamil Nadu Public Service Commission by Letter No. 7709/OTD/C2/02 dated 5th Sept., 2008, wherein following information has been given: