Four orthopedically challenged persons have made it to the Tamil Nadu judicial services with the Madras High Court allowing their writ petitions seeking a direction to the authorities to appoint them to the post of Civil Judge (Junior Division) under the physically challenged quota.
Passing a common order on writ petitions, a Division Bench comprising Justices K.N.Basha and N.Paul Vasanthakumar said it was of the view that there was absolutely no medical or legal bar for the functioning of the petitioners as Civil Judges (Junior Division.) It said the Registrar-General should send a proposal to the government for appointing the four, G.Christian, M.Vignesh Prabu, M.Chittibabu and S.Venkatesan, within three weeks. On receipt of the proposal, the government should complete the exercise of selection and appointment.
In its order allowing the petitions, the Bench said the admitted position was that there were eight vacancies to be filled up under the differently-abled category. As on date, only the petitioners were available as they came under the category of orthopedically challenged. They had also passed the written examination and the viva voce. Such being the position, there was no justification for denying the benefit of reservation under the category of orthopedically challenged.
Also, Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act mandated three per cent reservation. Even the appointment of civil judgehad been identified by the government for selecting candidates under the category as per the law. Counsel for the petitioners had pointed out that all the petitioners had disability only in the legs and not in either of the hands.
The Bench said in such circumstances, it was of the view that there was absolutely no bar for the functioning of the petitioners as civil judges.
