Case Title: V. Surendra Mohan V. State of Tamil Nadu and ors.
According to the Supreme Court, it is a valid restriction to require applicants for the position of a judicial officer to have a maximum of 50% disability in either hearing or vision.
In dismissing the appeal brought by V. Surendra Mohan, who was found to be 70% disabled and consequently unqualified for the position of judicial officer (civil judge), the court made this observation. Surendra Mohan's writ petition opposing this Tamil Nadu Public Service Commission ruling was denied by the High Court.
The Apex Court bench noted that the State, High Court, and Public Service Commission in this case were of the opinion that the appropriate level of disability for appointment to the position of Civil Judge should be between 40% and 50%. As a result, the said prescription does not contravene any statutory provision or the Act.
Additionally, it noted that the reservation requirement set forth in Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, has been satisfactorily met in this instance.
The court further highlighted that, according to the Act's definition of disability, a person with a disability is one who has at least 40% of any handicap. As a result, only those who have at least 40% of any disability may benefit from the Act's reservation provisions.
The bench observed that, "The words 'partial blind' may be a general concept but where a percentage has been fixed looking to the nature of the job, it cannot be said that all partially blind are eligible. There is a valid classification with a nexus to the object sought to be achieved, when eligibility is fixed at 40% to 50% of disability... Partially blind and partially deaf disability of 40%-50% has been pegged to achieve the object of appointing such partially blind and partially deaf physically disabled persons who are able to perform the duties of Civil Judge (Junior Division). It is well within the power of appointing authority to prescribe eligibility looking to the nature of the job, which is to be performed by the holder of a post."