Recruit hearing impaired candidate for court services: HC to Registrar
The bench directed the Registrar General of HC to appoint the candidate to the post of sanitary worker within four weeks while dealing with a petition filed to quash the selection list published by the registrar (recruitment) of HC.
Madras High Court (File Photo)
CHENNAI: The Madras High Court directed the registry to recruit a candidate having hearing impairment, who was rejected earlier, for the post of cleanliness worker in the High Court Services by providing reservation under the Rights of Persons with Disabilities Act 2016.
On account of hearing impairment, the candidate was denied an opportunity, which amounts to discrimination and running counter to the scheme contemplated under the provisions of the Rights of Persons with Disabilities Act, 2016, wrote a division bench comprising Justice SM Subramaniam and Justice K Rajasekar.
The bench directed the Registrar General of HC to appoint the candidate to the post of sanitary worker within four weeks while dealing with a petition filed to quash the selection list published by the registrar (recruitment) of HC.
The counsel for the petitioner, S Harsha Raj submitted that the Selection process was not conducted by providing reservation by the provisions of the Rights of Persons with Disabilities Act, 2016. The HC has committed an error in not notifying the reservation in the recruitment notification, submitted by the counsel.
The counsel placed the medical certificate of the petitioner and contended that he is fully capable of performing as a cleanliness worker. Despite the petitioner securing higher marks than that of the candidates, the selection committee has not considered and refused to recruit, said the counsel.
The selection committee rejected the petition on the account of Rule 25 of the Madras High Court Service Rules 2015, based on the Persons with Disabilities Act 1996, an erstwhile Central Act that only allows persons with partial hearing impairment that is 40 to 50 percent hearing impairment to be appointed in the services.
The HC ought to have amended the rule in line with the provisions of the Rights of Persons with Disabilities Act 2016, as it came into force in July 2017, before the notification was issued to fill the cleanliness worker’s post.
The petitioner S Amanullah knocked HC doors after he was denied the post. Despite securing 62.5 out of 80 marks the selection panel rejected him and selected others who scored less marks, said the petitioner. It is a clear discrimination he said and sought HC to issue a fresh selection list including him.