Chennai: The Madras High Court has directed
the Tamil Nadu government to implement three per cent
reservation in all posts, including Groups ‘A’ and ‘B’ and for
all future recruitments, as per the Persons with Disabilities
(Equal Opportunities, Protection of Rights and Full
Justice N Paul Vasanthakumar passed the order on a writ
petition filed by a physically challenged person with
He also restrained the authorities from inviting
applications in future for filling up the posts without
reserving three per cent for the physically challenged.
In his petition, G Sureshkumar said Tamil Nadu Public
Service Commission (TNPSC) issued an advertisement in July
2005 for recruiting 1295 Assistant Surgeons (General) and 530
Assistant Surgeons (Speciality).
He sought to quash part of the notification which said that
three per cent reservation for physically handicapped persons
would not apply to this recruitment. He secured high marks in
the written test and was called for the interview.
Sureshkumar contended he was not selected only on account
of failure to make the reservation.
He sought a direction to the authorities to follow the
reservation for persons with disability, consider him under
reservation for persons with locomotor disability or cerebral
palsy as per the provisions of the Act and recruit him.
In its counter, TNPSC contended that the General Rules
stated that reservation for such candidates be made applicable
only for posts in groups `C` and `D`.
The government had issued orders in February 1988 in
respect of Executive Posts in `A` and `B` categories and no
reservation needed to be made for differently-abled.
It also said as per a July 1999 Health Department G O,
posts of Assistant Surgeon (both clinical and non-clinical),
Medical Officer (Siddha) had been classified as Executive
Posts. Therefore no reservation was made in the notification
as these came under Executive Posts classification.