Jayaprakashram v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)Nos.11621 & 11622 of 2025 Jayaprakashram ... Appellant / Petitioner Vs.
1.The Managing Director, Madurai Division, TNSTC, By-pass Road, Madurai - 625 016.
2.The General Manager, Virudhunagar Head Office and Region, Virudhunagar to Madurai By-pass Road, Virudhunagar - 626 101.
3.The Manager (Administration), Virudhunagar Head Office and Region, Virudhunagar to Madurai By-pass Road, Virudhunagar - 626 101.
4.The Director and Professor, The Regional Institute of Ophthalmology and Government Ophthalmic Hospital, 1/6
Egmore, Chennai - 600 008.
... Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to allow the Writ Appeal and to set aside the order passed in W.P(MD)No.17463 of 2025 dated 27.06.2025.
For Appellant : Mr.K.M.Mohammed Ali For Respondents : Mr.S.C.Herold Singh Standing Counsel for R.1 to R.3 Mr.N.Satheesh Kumar Additional Government Pleader for R.4
JUDGMENT
(By G.R.SWAMINATHAN, J.) Heard both sides.
2.The appellant joined TNSTC as driver in the year 2011. He met with a major accident in the year 2016. He suffered severe head injury. As a result, he suffered cortical blindness leading to 100% visual disability. Copy of the certificate is enclosed at page no.25 of the typed set of papers. The appellant was given alternative employment as Non-ITI helper. While so, the appellant has been once again called upon to appear for medical examination. 2/6
Challenging the same, the appellant filed W.P(MD)No.17463 of 2025. According to him, when the certificate already issued indicate that he is suffering from 100% visual disability, he should not be subjected to one more examination. The learned single Judge did not agree with the said contention and dismissed the writ petition on 27.06.2025. Assailing the same, this Writ Appeal has been filed by the writ petitioner. 3.The learned Standing Counsel for TNSTC Corporation drew out attention to Rule 4(3)(ii) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. The said Rule states that the certificate issued by the medical authority should indicate the period of validity in the certificate, in cases where there is any chance of variation, over time, in the degree of disability. The certificate already issued in favour of the appellant is silent on these aspects. Probably that was why the appellant has been called upon to undergo medical examination once more. 5.We make two things clear:
a) Whatever be the outcome of the examination, the appellant shall not be posted as driver b) The certificate to be issued by the fourth respondent shall conform to Rule 4(3)(ii) of the Persons with Disabilities (Equal 3/6
Opportunities, Protection of Rights and Full Participation) Rules, 1996. In other words, the period of validity will be clearly mentioned.
6.If the medical board is of the view that the disability suffered by the petitioner is permanent, the same shall be appropriately indicated. In that event, the appellant shall not be subjected to any further examination on this score in future.
7.This Writ Appeal is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [K.R.S., J.] 30.07.2025 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Managing Director, Madurai Division, TNSTC, By-pass Road, Madurai - 625 016.
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2.The General Manager, Virudhunagar Head Office and Region, Virudhunagar to Madurai By-pass Road, Virudhunagar - 626 101.
3.The Manager (Administration), Virudhunagar Head Office and Region, Virudhunagar to Madurai By-pass Road, Virudhunagar - 626 101.
4.The Director and Professor, The Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Egmore, Chennai - 600 008.
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G.R.SWAMINATHAN, J and K.RAJASEKAR, J.
MGA 30.07.2025 6/6