Back
2024 Supreme(Online)(MAD) 21648
HIGH COURT OF MADRAS
Hon`ble Mrs.Justice L. VICTORIA GOWRI
DENSINGVEL – Appellant
Versus
THE PRINCIPAL SECRETARY – Respondent
A disability percentage below the statutory benchmark disqualifies a candidate from being considered for appointment under the relevant laws.
Headnote:
Disability - Writ Petition - Right of Persons with Disabilities Act 2016 (Act No.49 of 2016), Tamil Nadu Government Servants (Conditions of Service) Act 2016 - The petitioner, claiming disability of 30%, was dismissed due to not meeting the 40% benchmark as prescribed by law.
Fact of the Case:
The petitioner sought inclusion in the list of candidates for an agricultural officer position, claiming entitlement based on low vision disability. His application was rejected due to having only 30% disability, below the required 40%.
Finding of the Court:
The court found that the respondents correctly applied the legal benchmarks for disability, dismissing the writ petition as infructuous due to completed selection processes.
Issues: Whether the petitioner qualifies for consideration in the selection process based on his claimed disability percentage in accordance with the statutory benchmarks.
Ratio Decidendi: The court upheld the interpretation of disability percentage benchmarks as defined in relevant statutory provisions, confirming the rejection of the petitioner’s application was lawful.
Final Decision: Writ Petition dismissed as infructuous.
ORDER
This writ petition has been filed seeking direction to the respondents to include the name of the petitioner herein with Register No.2501004173 in the list of 'selection of oral test candidates' published on 07.12.2021 on the official website of the Respondent No.2, consequently direct the respondents for call the petitioner for certificate verification / oral test and consider the petitioner for appoint him to the post of “the Agricultural Officer (Extension) included in the Tamil Nadu Agricultural Extension Service” in notification No.04/2021 dated 05.02.2021 under low vision category or Scheduled Caste Category or any other Category in accordance with law.
2. When the matter was taken up for hearing, the learned Standing Counsel appearing for the respondents 2 to 4 submitted that, the entire selection process has already been over and the selected candidates have also been appointed. He further relied upon the counter affidavit filed on behalf of the respondents 2 to 4 and submitted that, the application made by the petitioner seeking to consider his case for certificate verification came to be rejected on the ground that the petitioner's claim for his nature of disability as Low Vision (LV) in his online application is only 30% whereas, the benchmark disability prescribed PWD is 40%. Further, Section 2(r) of the Right of Persons with Disabilities Act, 2016 (Act No.49 of 2016) as well as Section 2(oo) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, mandates 40% disability as benchmark disability. In view of the same, the petitioner's claim cannot be considered.
3. Recording the submisison made by the learned Standing Counsel, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.
Consequently, connected miscellaneous petitions are closed.
22.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To
1.The Principal Secretary, Represented by its, Agriculture and Farmer Welfare Department, Fort St.George, Chennai-600 009.
2.The Tamil Nadu Public Service Commission, Represented by its Secretary, Tamil Nadu Public Service Commission, TNPSC Road, Park Town, Chennai-600 003.
3.The Chairman, Tamil Nadu Public Service Commission, TNPSC Road, Chennai-109.
4.The Controller of Examinations, Tamil Nadu Public Service Commission, Frazer Bridge Road, Park Town, Chennai-600 003.
L.VICTORIA GOWRI, J.
Sml
22.07.2024
