Four orthopedically challenged persons have made it to
the Tamil Nadu judicial services with the Madras High Court allowing
their writ petitions seeking a direction to the authorities to appoint
them to the post of Civil Judge (Junior Division) under the physically
challenged quota.
Passing a common order on writ
petitions, a Division Bench comprising Justices K.N.Basha and N.Paul
Vasanthakumar said it was of the view that there was absolutely no
medical or legal bar for the functioning of the petitioners as Civil
Judges (Junior Division.) It said the Registrar-General should send a
proposal to the government for appointing the four, G.Christian,
M.Vignesh Prabu, M.Chittibabu and S.Venkatesan, within three weeks. On
receipt of the proposal, the government should complete the exercise of
selection and appointment.
In its order allowing the
petitions, the Bench said the admitted position was that there were
eight vacancies to be filled up under the differently-abled category. As
on date, only the petitioners were available as they came under the
category of orthopedically challenged. They had also passed the written
examination and the viva voce. Such being the position, there was no
justification for denying the benefit of reservation under the category
of orthopedically challenged.
Also, Section 33 of the
Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act mandated three per cent reservation. Even
the appointment of civil judgehad been identified by the government for
selecting candidates under the category as per the law. Counsel for the
petitioners had pointed out that all the petitioners had disability only
in the legs and not in either of the hands.
The
Bench said in such circumstances, it was of the view that there was
absolutely no bar for the functioning of the petitioners as civil
judges.
Source : The Hindu , Chennai ( 28th April 2013 )
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