M. Kodivel v. Principal Secretary to Government Welfare of Differently Abled Persons Department
2017-10-27
T.RAJA
body2017
DigiLaw.ai
ORDER : 1. 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 1. Devika 101243 61.50 2. Balamurugan 101954 59 3. Mariyappan 100777 68 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.
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. 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.