S.Naveen v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) No.16852 of 2025

1. S.Naveen

2. R.Saravanan ... Petitioner(s) vs.

1. The Secretary, Human Resources Management Department, Government of Tamilnadu, Secretariat, St. George Fort, Chennai - 600009.

2. The Secretary, Welfare of Differently Abled Persons Department, Government of Tamilnadu, Secretariat, St. George Fort, Chennai - 600009.

3. The Secretary, Tamilnadu Public Service Commission, 1/7

TNPSC Road, Park Town, Chennai - 600003.

4. The Chairman, Teachers Recruitment Board, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600006.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 3rd and 4th respondent to allow differently abled Person candidates to avail 20 percent PSTM quota in accordance with G.(Ms) No. 21 dated 30.05.2017 and directing the 1st and 2nd respondent to frame proper rules / GO for PSTM reservation for differently abled persons in public employment.

For Petitioners : Mr.G.Sakthi Rao For R1 & R2 : Mr.S.R.A.Ramachandran Additional Government Pleader For R4 : Mr.T.Amjad Khan Government Advocate For R3 : Mr.V.Panneerselvam 2/7

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents 3 and 4 to allow differently abled person candidates to avail 20% PSTM quota in accordance with G.O.(Ms) No. 21 dated 30.05.2017 and directing the respondents 1 and 2 to frame proper rules or G.O for PSTM reservation for differently abled persons in public employment.

2. Heard Mr.G.Sakthi Rao, learned counsel for the petitioners; Mr.S.R.A.Ramachandran, learned Additional Government Pleader appearing on behalf of the respondents 1 and 2; Mr.V.Panneerselvam, learned Standing Counsel appearing on behalf of the third respondent and Mr.T.Amjad Khan, learned Government Advocate, appearing on behalf of the fourth respondent.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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4. The learned counsel for the petitioners submitted that the petitioners are persons with disabilities entitled to the 4% reservation designated for such individuals under the Rights of Persons with Disabilities Act, 2016. The petitioners' grievance is that, despite their entitlement to this reservation, the preference under the Persons Studied in Tamil Medium (PSTM) reservation has not been extended to them during the selection process under the 200% roster, unlike the preference extended to destitute women and ex-servicemen. Therefore, the petitioners have approached this Court by filing this Writ Petition.

5. The learned counsel for the respondents submits that the grievance raised by the petitioners pertains to a policy decision of the State Government. If the petitioners have any grievance, they should make a representation to the State Government seeking appropriate relief. However, the petitioners have chosen to file this Writ Petition.

6. The facts in this case are not in dispute. The reservation provided to persons with disabilities is a policy decision of the State Government and this Court cannot render an opinion on such matters. The petitioners have already 4/7

availed the benefit of the reservation in the selection process. PSTM candidates, entitled to a 20% reservation under the 200% roster system in the selection process, have received preference as a category and this preference cannot be claimed by or compared to persons who have already received a reservation. Hence, the relief sought by the petitioners is not maintainable.

7. Accordingly, the Writ Petition stands dismissed. However, liberty is granted to the petitioners to pursue their remedies in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed. 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 5/7

To

1. The Secretary, Human Resources Management Department, Government of Tamilnadu, Secretariat, St. George Fort, Chennai - 600009.

2. The Secretary, Welfare of Differently Abled Persons Department, Government of Tamilnadu, Secretariat, St. George Fort, Chennai - 600009.

3. The Secretary, Tamilnadu Public Service Commission, TNPSC Road, Park Town, Chennai - 600003.

4. The Chairman, Teachers Recruitment Board, 3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building, DPI Campus, College Road, Chennai - 600006.

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M.DHANDAPANI ,J.

PKN ORDER MADE IN DATED : 11.08.2025 7/7