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2008 Supreme(Mad) 1079

A.P.SHAH
Prof. I. Elangovan – Appellant
Versus
The Government of Tamil Nadu, rep. by its Chief Secretary, Fort St. George, Chennai – 9 & Others – Respondent


Advocates Appeared:
For the Petitioner:D.Hari Paranthaman, Advocate.
For the Respondents: R2, V.T. Gopalan, Addl.Solicitor General assisted by Ms. C.N.G. Ezhilarasi, R1 & 3, Raja Kalifulla Government Pleader assisted by V.R. Thangavelu, G.A.

JUDGMENT :-

A.P. Shah, C.J.

These petitions raise identical question of law and are concerned with the interpretation of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as ‘the Act’ for short) and other related provisions of the Act. Accordingly, these petitions are being disposed of by this common judgment.

2. The petitioner, who is a Professor and Head of English Department, Vellore College, and a Member of the Academic Council and a Syndicate Member of the Thiruvalluvar University, Vellore, has filed these petitions in public interest questioning the validity of the Notification/Advertisement No.135 dated 111. 2007 and Notification/Advertisement No.142 dated 12. 2007 issued by the second respondent-The Tamil Nadu Public Service Commission (TNPSC for short) principally on the ground that the TNPSC has not followed the rule of 3% reservation as provided under Section 33 of the Act for the recruitment to the posts advertised. The further grievance of the petitioner is that no concession has been granted in the matter of application fee and also an onerous condition has been laid to avai



















































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