1. The writ petition is filed to direct the third respondent to consider the petitioner for appointment to the post of the Assistant Agriculture Officer, Tamil Nadu Agriculture

Extension Subordinate Service under the physically handicapped persons quota of 3% reservation.

2. The petitioner passed the Higher Secondary Course in Vocational Education during the year 1994. Thereafter, he obtained Diploma with First Class in Horticulture at Horticultural Training Centre, Government of Tamilnadu, Chennai. He registered his name in Employment Exchange, Karur during the year 2005. After more than 10 years of completion of his Diploma, he was called for attending interview for the post of Assistant Agriculture Officer, but, he was not selected.

3. The grievance of the petitioner is that the selection was not conducted in a transparent manner. Though 1707 posts were filled up, he was not selected. According to the petitioner, he belongs to Schedule Caste community and he is also a physically challenged person. The Medical Board, Government Hospital, Karur issued a disability certificate that he suffers permanent disability at 40%. The disability was due to the fire accident that took place when the petitioner was a child. Again, the respondents sought to fill up 996 posts for the above said designation during the year 2010. He was also called to attend the interview. He attended the interview on 22.1.2011. This time also he was not selected and the selection was not transparent.

4. The petitioner alleged that the list of selected candidates was not posted in the website and the same was not published in any one of the newspapers. The persons who were not selected were not informed. The grievance of the petitioner is that 3% reservation quota provided under "The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 (1 of 1996) was not complied with by the respondents while they filled up the post of Assistant Agricultural Officer. He

categorically pleaded that 3% quota out of 996 posts comes to 33 posts and the said 33 posts were not earmarked for the persons with disability. Under such circumstances, he filed the present writ petition seeking for direction to consider him for appointment to the post of Assistant Agriculture Officer, Tamil Nadu Agriculture Extention Subordinate Service under the physically handicapped persons quota of 3% reservation.

5. This Court passed an order dated 7.4.2011 granting interim direction to the third respondent to keep one post vacant in the post of Assistant Agriculture Officer, Tamil Nadu Agricultural Extention Subordinate Service.

6. The respondents filed counter affidavit refuting the allegations in which they have stated that 3398 candidates were sponsored by the Director of Employment for 996 posts of Assistant Agriculture Officer. Out of the said 3398 candidates, only 2054 were eligible candidates who possessed Diploma Certificates. The petitioner was one among them. 995 candidates were selected. Since there was an interim order passed by this Court in M.P.No.1 and 2 of 2009 to keep one post vacant, the respondents kept one post vacant. The petitioner comes under Schedule Caste category. He obtained 7 marks for Diploma, 10 marks for Employment Seniority and 5 marks for interview and altogether he obtained 22 marks out of 50 marks. However, the interview committee fixed minimum 31 marks out of 50 marks for Schedule Caste candidates. Hence, he was not selected for the above said post.

7. Heard both sides.

8. The petitioner has pleaded that he is a person with disability and the Medical Board, Government Hospital, Karur issued certificate that the petitioner suffers permanent disability of 40% and the said disability certificate has been enclosed in the typed set at page No.16. The petitioner also pleaded in paragraph 4 of the affidavit that he is a disabled person with 40% disability assessed by the Medical Board, Government Hospital, Karur