The Madras High Court favoured quota for physically challenged

The Madras High Court on 16.July 2010 made it clear in its Judgement that the Tamil Nadu Public Service Commission(TNPSC) should implement reservation in all jobs including those jobs also which are in groups ‘ A’ and ‘ B’ and for all future recruitments under the Persons with Disabilities(Equal opportunities, Protection of Rights and Full Participation) Act.

Justice N.Paul Vasanthakumar gave the judgement on a writ petition filed by G.Sureshkumar, a physically challenged person with locomotor disability or Cerebral Palsy. Justice Vasanthakumar ruled that in future no applications will be invited for filling the government jobs without ensuring 3% reservation for the physically challenged.

Vasanthakumar ruled that in the light of the Supreme Court’s judgment TNPSC’s stand could not be sustained. Rule 22 of the Tamil Nadu state and Subordinate Service rules had been declared Ultra Vires by a division bench of the Supreme Court.

G.Sureshkumar in his petition had said that Tamil Nadu Public Service Commission (TNPSC) issued an advertisement in July2005 for the recruitment of 1295 Assistant Surgeons (General) and 530 Assistant Surgeons (Special). G.Sureshkumar asked for the quashing of the notification included in the advertisement which stated that 3% reservation for physically challenged persons doesn’t apply to this recruitment. Despite securing high marks in the written test for the entrance exam of this recruitment exam G. Suresh Kumar couldn’t make it to the final list on account of his failure to make the reservation.

TNPSC‘s stand was that reservation for physically challenged candidates apply to government jobs in groups C and D only. The State government of Tamil Nadu had issued orders in Feb 1988 that no reservation would be made for physically challenged candidates for the jobs in group A and B. The TNPSC stated that posts of Surgeons fall under executive category which is classified under group A and B.