Blind/deaf can't be judges, say govt and HC; PIL questions it

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TNN | Nov 1, 2013, 06.46 PM IST

CHENNAI: More than a year after Tamil Nadu government, acting as per a high court order as well as
recommendation of a high power committee of the court, disqualified blind/deaf persons from becoming district
judges or munsifs/magistrates, a PIL has challenged the decision.
A practising advocate, who became blind at the age of 12, has moved the high court saying the August 31, 2012
order of the state home department exempting the posts of district judge (entry level) and civil judge in the Tamil
Nadu State Judicial Service from the provisions of Persons With Disabilities (Equal Opportunities, Protection of
Right and Full Participation) Act, 1995 denied 2% reservation meant for blind and deaf candidates.

His counsel Abdul Qudhose told the bench that in April 2009, while passing an order on a case relating to the
appointment of subordinate judges, the high court had recommended to the state government to issue a
notification exempting complete blindness and complete hearing impairment from the post of judge as "they
were not competent to be judges."

Thereafter, a high power committee of the high court forwarded a recommendation to the state government,
which then issued the impugned order.

Pointing out that at present 3% reservation is available to the disabled in a ratio of 1% each for blind, deaf and
the orthopaedically challenged candidates, Qudhose said reservation for the blind is a measure of social justice
incorporated in the relevant rules in 2007.

In his petition, Nasarullah said that he himself wrote examination for the selection of civil judges (junior division)
and district judge (entry level), but was not selected as he could not score the cut-off marks. After the high court
authorities permitted the blind/deaf candidates to participate in the written examination, it is not open to the home
secretary to take away the reservation benefits on the ground that they were not competent to be judges.
The impugned GO seeks to introduce additional disqualification which can be prescribed only by the Constitution
or the relevant rules, Nasarullah said, adding that the authorities are entitled to adopt irrational and unscientific
criteria and exclude the blind/deaf from reservation.

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