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Supreme Court of India 2019-01-22 dismissed

V. Surendra Mohan vs State of Tamil Nadu & Ors

Bench: 2 — Ashok Bhushan

In Brief

The appellant, a practicing advocate with 70% visual impairment, applied for the post of Civil Judge (Junior Division) under the partially blind category. The Tamil Nadu Public Service Commission notified that only candidates with 40%-50% disability were eligible for this position. The appellant was not shortlisted despite scoring above the threshold. He challenged this in the High Court, which dismissed his petition. The Supreme Court upheld the dismissal, holding that the State Government—in consultation with the High Court—has constitutional authority under Articles 233-235 and 309 to prescribe reasonable disability limits for judicial appointments. The 40%-50% restriction was justified based on the functional duties of the post (hearing cases, reading documents, writing judgments). The appellant's failure to challenge the notification itself (only the government letter) was a procedural bar. Reservation requirements under the Disabilities Act were satisfied.

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