Dr.M.Kodivel v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 27.10.2017
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P. NO. 27480 OF 2017 Dr. M.Kodivel .. Petitioner - Vs -
1. The Principal Secretary to Government Welfare of Differently Abled Persons Department Fort St. George, Chennai 600 009.
2. The Principal Secretary to Government Health & Family Welfare Dept.
Fort St. George, Chennai - 600 009.
3. The Office of Commissioner of Indian Medicine & Homeopathy Arignar Anna Government Hospital of Indian Medical Campus Arumbakkam, Chennai 600 106.
4. The State Commissioner for the Differently Abled Commissionerate for the Welfare of the Differently Abled Jawaharlal Nehru Inner Ring Road K.K.Nagar, Chennai 600 078.
5. The Member Secretary Medical Services Recruitment Board (MRB) 7th Floor, DMS Building, 259, Anna Salai Teynampet, Chennai 600 006.
.. Respondents Writ Petition under Article 226 of the constitution of India filed for the issuance of a writ of mandamus directing the 5th respondent herein to appoint the petitioner as Assistant Medical Officer (Siddha) in accordance with the principles laid down in Rights of Persons with Disabilities Act, 2016.
For Petitioner : Mr. V.Ragavachari For Respondents: Mr. V.Jayaprakash Narayanan Spl. G.P. for RR-1 to 4 Mr.A.Vivek for R-5
ORDER
Mr.Jayaprakash Narayanan, learned Special Government Pleader takes notice for respondents 1 to 4. Mr.A.Vivek, learned standing counsel takes notice for the 5th respondent.
2. Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for respondents 1 to 4 and the learned Standing counsel appearing for the 5th respondent.
3. It is submitted by the learned counsel for the petitioner that the petitioner, being a physically challenged person, though secured 71 marks, but he has not been invited for counselling and three other physically challenged persons, who have secured much lesser marks than the petitioner have been called for counselling by the respondents, the details of which are as under :- S.
No.
Name Regn.
No.
Marks Secured Devika 101243 61.50 Balamurugan 101954 Mariyappan 100777
4. Per contra, learned Standing counsel appearing for the 5th respondent and the learned Addl. Government Pleader appearing for respondents 1 to 4 submit that in the online application filed by the petitioner, the petitioner had not mentioned his disability status for being considered on priority status under the physical disability quota. It is submitted by the learned standing counsel for the 5th respondent that the petitioner having relinquished his right to be considered under the physically challenged quota by answering the column as 'No', instead of answering the same as 'Yes', he cannot now come and claim that he should be considered under the physically challenged quota.
5. Mr.Raghavachari, learned counsel appearing for the petitioner fairly agreeing to the bona fide mistake committed by
the petitioner further submitted that the said bona fide mistake should not be put against the poor petitioner when he has enclosed all the relevant documents showing his physically challenged status and submitted that the petitioner, as a special case, may be permitted to take part in the certificate verification, to be held tomorrow, i.e., 28.10.2017.
6. Learned standing counsel appearing for the 5th respondent fairly submitted that in such circumstances the petitioner will be permitted to appear in the certificate verification process, which is to be held tomorrow, i.e., 28.10.2017 under the physically challenged quota.
7. The writ petitioner has secured 71 marks and, therefore, this Court, recording the statement made by the learned standing counsel appearing for the 5th respondent that the petitioner will be permitted to appear in the certificate verification to be held tomorrow, i.e., 28.10.2017, directs that the respondents shall permit the petitioner to appear in the certificate verification to be held tomorrow, i.e., 28.10.2017 under the physically challenged category for selection to the post of Assistant Medical Officer (Siddha). However, it is needless to mention that the 5th respondent shall consider the candidature of the petitioner on merits if he falls within the zone of consideration. The respondents are entitled to consider as to whether the petitioner comes under the zone of consideration or not.*
8. With the above observation and direction, this writ petition is disposed of. However, in the circumstances of the case, there shall be no order as to costs. WMP 29367/2017 is closed.
s/dAssistant Registrar(CS-III) dt. 27.10.2017 Corrected vide order of Court dated 14.11.2017, made in WP.No.27480 of 2017 Sd/- Assistant Registrar (CS-VIII) dt. 21.12.2017 True Copy Sub-Assistant Registrar GLN
To
1. The Principal Secretary to Government Welfare of Differently Abled Persons Department Fort St. George, Chennai 600 009.
2. The Principal Secretary to Government Health & Family Welfare Dept.
Fort St. George, Chennai - 600 009.
3. The Office of Commissioner of Indian Medicine & Homeopathy To be substituted to Arignar Anna Government Hospital the order despatched of Indian Medical Campus on 30.10.2017 Arumbakkam, Chennai 600 106.
4. The State Commissioner for the Differently Abled Commissionerate for the Welfare of the Differently Abled Jawaharlal Nehru Inner Ring Road K.K.Nagar, Chennai 600 078.
5. The Member Secretary Medical Services Recruitment Board (MRB) 7th Floor, DMS Building, 259, Anna Salai Teynampet, Chennai 600 006.
+1 CC to Mr.V. Raghavachari, Advocate Sr.80597* W.P. NOS.27480 OF 2017 GJII(CO) SP(27/10/2017) EU 21.12.2017