Madras High Court
R.Viswanathan vs State Of Tamil Nadu on 15 November, 2024
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
W.P.No.17538 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.17538 of 2010
R.Viswanathan ...Petitioner
Vs.
1. State of Tamil Nadu,
Represented by Chief Secretary,
Fort St. George,
Chennai-600 009.
2.Secretary to Government,
Government of Tamil Nadu,
Personnel & Administrative Reforms Department,
Fort St. George,
Chennai-600 009.
3. Secretary to Government,
Government of Tamil Nadu,
Department of Social Welfare & Nutritious
Meal Programme,
Secretariat, Chennai-600 009.
4. The Secretary,
Tamil Nadu Public Service Commission,
Omandurar Government Estate,
Chennai-600 002.
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1/6
W.P.No.17538 of 2010
5. The Commissioner for Persons
with Disabilities,
Model School Road,
Thousand Lights,
Chennai. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus calling for the
concerned records and to quash the Advertisement No.219 issued by the
4th respondent, issued in the 15th November 2009 Edition of the 'The
Hindu' News Paper, in so far as not extending the 3% reservation for
physically handicapped person to the post of Junior Employment Officer,
Assistant Inspector of Labour and Probation Officer and consequently
direct the respondents to fill up all the vacancies (1089) notified in the
Advertisement No.219 by extending the benefit of 3% reservation to the
persons with disability as provided under Section 33 of the persons with
the Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.
For Petitioner : Mr. Balan Haridas
For R1 to R3, R5 : Mr.Tippu Sultan, Government Advocate
For R4 : Ms.G.Hema
ORDER
The challenge in this writ petition is directed against the
Advertisement No.219 issued by the 4th respondent with regard to the
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posts of Junior Employment Officer and Assistant Inspector of Labour
and Probation Officer. As a consequential relief, the petitioner prayed that
the above mentioned vacancies be filled up by extending the benefit of
3% reservation under the erstwhile Persons With Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995.
2. This petition was filed in the year 2010. After the writ petition
was filed, learned Government Advocate submits that the Government
Order in G.O.Ms.No.53, Social Welfare and Nutritious Meal Programme
(SW-4) Department, dated 11.04.2005 was superseded by three
Government Orders namely, G.O.Ms.No.25, Welfare of Differently Abled
Persons Department, dated 14.03.2013, G.O.Ms.No.13, Welfare of
Differently Abled Persons Department, dated 02.03.2016 and
G.O.Ms.No.20, Welfare of Differently Abled Persons (DAP.3.2)
Department, dated 20.06.2018 (G.O.Ms.No.20). Adverting to
G.O.Ms.No.20, he points out that all the two posts forming the subject of
this petition have now been identified for reservation in favour of the
disabled and 4% reservation is being offered.
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3. In view thereof and on account of the passage of time, it is no
longer necessary to adjudicate this petition on merits.
4. Nonetheless, this case raises a significant question of law
relating to the obligation on the part of the State to identify posts for
reservation for the disabled especially in view of the Rights of Persons
with Disabilities Act, 2016 and the judgments of the Hon'ble Supreme
Court. Prima facie, it appears that such obligation is cast on the State and
it may be no answer for the State to contend that the benefits of
reservation cannot be extended because of its failure to identify posts.
However, a definitive pronouncement on the issue should await a case
where the issue is live.
5. The writ petition is disposed of with the above observations. No
costs.
15.11.2024
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
kj
https://www.mhc.tn.gov.in/judis
To
1. State of Tamil Nadu,
Represented by Chief Secretary,
Fort St. George,
Chennai-600 009.
2.Secretary to Government,
Government of Tamil Nadu,
Personnel & Administrative Reforms Department,
Fort St. George,
Chennai-600 009.
3. Secretary to Government,
Government of Tamil Nadu,
Department of Social Welfare & Nutritious
Meal Programme,
Secretariat, Chennai-600 009.
4. The Secretary,
Tamil Nadu Public Service Commission,
Omandurar Government Estate,
Chennai-600 002.
5. The Commissioner for Persons
with Disabilities,
Model School Road,
Thousand Lights,
Chennai.
https://www.mhc.tn.gov.in/judis
SENTHILKUMAR RAMAMOORTHY,J.
Kj
15.11.2024
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