All India Confederation Of The v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2015

CORAM:

THE HONOURABLE MR. SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition No. 13033 of 2011 and M.P. Nos. 2, 3 and 4 of 2011 All India Confederation of the Blind rep. by its Secretary General Mr.J.L.Kaul Braille Bhawan, Sector 5, Rohini Delhi - 110 085.

...Petitioner

vs.

1. State of Tamil Nadu rep. by its Chief Secretary Fort St. George, Chennai - 9.

2. Secretary to Government Government of Tamil Nadu Department for the Welfare of Differently-abled Persons Fort St. George, Chennai - 9.

3. Controller of Examinations Tamil Nadu Public Service Commission Omanathoorar Government Estate Anna Salai, Chennai 600 002.

4. The Secretary Tamil Nadu Public Service Commission Omanathoorar Government Estate Anna Salai, Chennai 600 002.

5. The State Government Commissioner for Differently Abled Model School Road Thousand Lights, Chennai.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the complete records pertaining to the Advertisement No. 258 of the 3rd respondent dated 30.12.2010 and to quash the same and consequently pass an order directing the 3rd respondent to modify the advertisement No. 258 so as to conduct the recruitment in conformity with OM No.36035/3/2004-East (res) dated 29.12.2005 and as to Sections 32 and 33 of the PWD Act. For Petitioner : Ms. Rose Kamalam for Mr. R. Prabhakaran For Respondents : Mr. S.T.S. Murthi Government Pleader assisted by Mr.V.R.Kamalanthan Addl. Govt. Pleader and and Mr.V.Shanmughasundar Government Advocate for R1, 2 & 5 No Appearance for R3 and 4.

O R D E R

(Made by The Hon'ble The Chief Justice) The recruitment process in pursuance to the impugned Notification stands completed. The issue pertains to 3% reservation for persons with disability with 1% for each subcategory. If vacancies are not filled up, they have to be carried forward for subsequent filling up of vacancies for such people.

2. As per the counter-affidavit, the posts stand identified.

3. The respondents to do the needful for the subsequent process.

4. The writ petition accordingly stands closed. No costs. Consequently, M.P. Nos. 2, 3 and 4 of 2011 are also closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ATR Copies to;

1. The Chief Secretary State of Tamil Nadu Fort St. George, Chennai - 9.

2. The Secretary to Government Government of Tamil Nadu Department for the Welfare of Differently-abled Persons Fort St. George, Chennai - 9.

3. The Controller of Examinations Tamil Nadu Public Service Commission Omanathoorar Government Estate Anna Salai, Chennai 600 002.

4. The Secretary Tamil Nadu Public Service Commission Omanathoorar Government Estate Anna Salai, Chennai 600 002.

5. The State Government Commissioner for Differently Abled Model School Road Thousand Lights, Chennai.

1 CC to Mr.M.Devendran, Advocate SR.No. 53482 W.P. No. 13033 of 2011 MG (CO) PSI (04.11.2015)