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Supreme Court of India 2019-01-22 dismissed

V. SURENDRA MOHAN vs STATE OF TAMIL NADU

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

A practicing advocate with 70% visual disability applied for the Civil Judge recruitment, which required 40%-50% disability. Though he cleared the written exam and interview (allowed under interim orders), he was not selected as ineligible. He challenged the decision, arguing the disability limit violated the Persons with Disabilities Act, 1995. The Supreme Court dismissed his appeal, holding that the State, after consulting the High Court and the Public Service Commission, validly prescribed the 40%-50% disability limit as reasonable and necessary given the judicial duties involved. The appellant also failed to challenge the notification itself, only the Government Order, which was a fatal procedural defect.

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Constitutional Law Administrative Law Disability Rights Civil Service Recruitment Judicial Service Persons with Disabilities Act

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