Madras High Court
M.Gurunathan vs The Government Of Tamil Nadu on 21 March, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.P.No.7439 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.P.No.7439 of 2025
M.Gurunathan ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary,
Home (Courts) Department,
Fort St. George, Chennai - 9.
2.The Registrar General,
High Court of Madras,
Chennai - 104.
3.The Secretary,
Tamil Nadu Public Service Commission,
Frazer Bridge Road,
V.O.C. Nagar, Chennai - 3. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamu, to direct the 3rd respondent to consider
the petitioner to the post of Civil Judge in view forbearing the respondents from
interfering the peacefully under the category of OL, clause 17(b)(viii) of the
advertisement No.661 and Notification No.12/2023 dated 01.06.2023 issued by
the 3rd respondent after the due consultation of the 3rd respondent in view of
the judgment in 2013 (5) MLJ, Page No.438.
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Page No.: 1 of 7
W.P.No.7439 of 2025
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For Petitioner : Mr.P.Vijendran
For Respondents : Mr.K.H.Ravikumar,
Government Advocate for R1
Mr.E.Chandrasekaran,
Standing Counsel for R2
Mr.R.Bharanidharan,
Standing Counsel for R3
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ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
The petitioner questions his non-selection and seeks a Mandamus to
direct the 3rd respondent to consider him for appointment to the post of civil
Judge.
2. The petitioner comes under the category of persons with disability.
His disability is a locomotor disability and the percentage of disability is 55%
which qualifies as bench mark disability for reservation provided for under the
Rights of Persons with Disabilities Act, 2016.
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3. Under the said Act a reservation of 4% has to be made for persons with
disabilities and the same will have to be again sub-divided into four heads viz,
a) persons with blindness and low vision;
b) persons who are deaf or hard of hearing;
c) locomotor disability including cerbral palsy, leprosy cured, dwarfism,
acid attack victims and muscular dystrohy;
d) autizm, intellectual disability, specific learning disability and mental
illness.
4. The reservation that is made is 4% of seats for persons with benchmark
disability. The Act requires the reservation of 4% to be made in any
Government employment and out of the said 4%, 1% each shall be reserved for
blindness and low vision, deaf and hard of hearing, locomotor disability
including cerebral palsy, leprosy cured, dwarfism, acid attack victims and
muscular dystrophy contained in clauses (a) to (c) of sub-Section 1 of Section
34 of the Act and 1% is to be given to people with autism, intellectual
disability, specific learning disability and mental illness and multiple
disabilities from amongst persons in clause (d) as provided for under Clauses
(d) and (e) of sub-Section 1 of Section 34.
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5. As per the notification of the Tamil Nadu Public Service Commission,
there were 9 posts available for persons with disabilities in the recruitment that
was conducted for selection of Civil Judges - Junior Division in the year 2024.
The breakup of the TNPSC is as follows:
Sl. Notified Reg No of Rank Mark DA
No DAP Selected Category
. Vacancies Candidates
Carried Forward Vacancies (DAP)
1 GT(G)(LV)_C/F-1 2501002058 122 263.500 Mud
2 BC(G)(LD/LC/DF/AC)_C/F-1 2601003059 271 242.842 LD(OL)
3 SC(G)(HH)_C/F-1 0101007076 390 225.000 LD(OA)
Regular Vacancies (DAP)
4 GT(G)(HH)-1 Unfilled due to paucity of candidate.
5 GT(W)(LD)(Others)-1 0101001172 379 227.500 LD(OL)
6 BC(W)(HH)-1 Unfilled due to paucity of candidate.
7 MBC/DC(G)(LV)-1 Unfilled due to paucity of candidate.
8 MBC/DC(G)(LD)(Others)-1 2501004085 288 240.500 LD(OA)
9 SC(W)(LV)-1 Unfilled due to paucity of candidate.
6. Section 34(2) of the Act mandates that if persons are not available for
any particular vacancy then the said vacancy shall be carried forward to the
next recruitment year and only if no suitable person is available in the next
recruitment year could it be interchanged with persons with other disabilities.
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7. In the present recruitment the carried forward vacancies were filled up
with candidates who had scored higher marks than the petitioner. In the regular
vacancies four posts were left unfilled due to paucity of candidates. They fall
either under persons hard of hearing or persons with low vision. These
vacancies being current vacancies, cannot be filled up with persons with other
disabilities by interchanging. The Act mandates that the vacancy should be
carried forward at least for 1 year.
8. Though Mr.P.Vijendran, learned counsel appearing for the petitioner
would submit that we must decide this issue with our head and heart put
together and we see some force in his contention. We find that the provisions of
the Act which are mandatory in nature prevent us from exercising any
discretion in this regard. We are therefore unable to lend a helping hand to the
petitioner.
9. The writ petition therefore fails and it is accordingly dismissed. No
costs.
(R.S.M.,J.) (G.A.M.,J.)
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21.03.2025
dsa
Index : No
Neutral Citation : No
Speaking order
To
1.The Secretary,
Government of Tamil Nadu,
Home (Courts) Department,
Fort St. George, Chennai - 9.
2.The Registrar General,
High Court of Madras,
Chennai - 104.
3.The Secretary,
Tamil Nadu Public Service Commission,
Frazer Bridge Road,
V.O.C. Nagar, Chennai - 3.
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
W.P.No7439 of 2025
21.03.2025
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