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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, MUMMINENI SUDHEER KUMAR
M. Ponniah – Appellant
Versus
Chief Secretary to Government, Government of Tamil Nadu, Secretariat Chennai – Respondent
| Table of Content |
|---|
| 1. non-provision of reservation for pwd violates constitutional mandate. (Para 1 , 3 , 11) |
| 2. arguments regarding non-selection of the petitioner based on procedural grounds. (Para 4 , 5 , 7 , 8) |
| 3. importance of timely identification of posts for reservation under the pwd act. (Para 20 , 21 , 30 , 31) |
| 4. court's directive for implementation of reservation in future selections. (Para 49 , 51 , 56) |
| 5. court's decision on compensation due to contempt of its prior orders. (Para 52 , 53 , 55) |
ORDER :
Anita Sumanth, J.
The petitioner is affected by Polio from the hip downwards, and suffers from locomotive disability. He had been a petitioner in W.P.(MD)No.1691 of 2011, where the challenge had been to G.O.Ms.No.16 Public (Special.A) Department dated 05.01.2011 on the ground that no reservation had been provided for the category of Persons with Disability (PwD). The petitioner had therein, sought a consequential direction for his appointment as District Judge (Entry level).
2. That Writ Petition had been taken up along with other Writ Petitions culminating in decision dated 11.03.2011, wherein the Division Bench, after hearing the rival contentions advanced, was of the opinion tha
Reservation under the Persons with Disabilities Act is constitutionally mandated and cannot be denied due to post identification lapses; violations warrant legal remedy.
The main legal principle established is that reservation in promotion for differently-abled persons should be in accordance with instructions issued by the appropriate Government, and merit-based con....
The central legal point established in the judgment is the interpretation and application of Section 33 of the Persons with Disabilities Act, 1995, regarding the reservation of posts for physically c....
The judgment emphasizes the statutory provisions and government orders governing age relaxation, grace marks, and reservation for PwDs, and directs the respondents to work out backlog vacancies and p....
Point of Law : Permanent disability - Appointment - It is true that it is not necessary to frame separate set of rules for providing reservation in appointments of persons other than District Judges ....
Eligibility for appointment in reserved categories depends on the specific nature of disability as defined by law, not merely on the candidate's performance.
Persons with benchmark disabilities entitled to 4% reservation in promotion to identified posts irrespective of mode, notionally from 30.06.2016 subject to eligibility via review committee; supernume....
Reservation under the 2016 Act must be computed against total cadre vacancies; post-identification is for appointments, not for computing the 3%/4% reservation, and backlog vacancies may be utilized ....
Disability – 3% reservation is to be in an establishment and not in all cadres of an establishment irrespective of nature of job.
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