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“In continuation of the Government letter fifth cited, I am directed to state that in view of the administrative exigencies and not to delay the selection, the High Court has considered the Tamil Nadu Public Service Commission's letter dated 04.08.2014 and accepts the proposal to go ahead with the selection for the posts of Civil Judge notifying the percentage of disability as 40- 50% for partially blind and partially deaf, for the  present selection alone. The Registrar General, High Court of Madras has therefore requested to go ahead with the issue of Notification immediately for the 162 posts of Civil Judge announcing 40-50% of disability for partially blind and partially deaf, for the present selection alone. A copy of the D.O. letter seventh is enclosed for your reference.

17. Issue Nos. 2 and 3 being interconnected are taken together. The Government order dated 08.08.2014 as already extracted above, addressed to the Tamil Nadu Public Service Commission states that the High Court has considered the Tamil Nadu Public Service Commission's letter dated 04.08.2014 and accepts the proposal to go ahead with the selection for the posts of Civil Judge notifying the percentage of disability as 40- 50% for partially blind and partially deaf. Thus, the Government Order was issued after due consultation of the High Court, which had agreed with providing for percentage of disability as 40%-50% for partially blind and partially deaf for the post of Civil Judge (Junior Division). Whether Condition of 40%-50% for partially blind and partially deaf is a valid condition or the said condition is in breach of provisions of the Act, 1995, are questions to be answered. It is relevant to look at certain provisions of the Act, 1995 in this regard. Section 2(b) defines “Blindness” in following manner: -

23. As per the Act, 1995, “one per cent of vacancies were reserved for persons suffering from blindness or low vision”. Clause 4(F) of the advertisement refers to Government order dated 11.04.2005, 31.08.2012 and 08.08.2014. By the Government order dated 11.04.2005 post of Civil Judge(Junior Division) had been identified at Item No.102. Item No.102 which has already been extracted above makes it clear that categories of disabled persons suitable for the job are PB/PD/ORTHO (partially blind/ partially deaf/ortho). As noticed above complete blindness being already exempted, the two posts of Civil Judges(Junior Division) have been reserved in the advertisement for partially blind, partially deaf and ortho. The blindness has been defined in Section 2(t) as quoted above. The post has been identified for partially blind and not for completely blind person. As per the definition under Section 2(t) of “person with disability”, a partially blind person having more than 40% disability is contemplated to be person who is in the field of eligibility.

“S/ST/W/SE/H/RW”

26. The Government order dated 11.04.2005 has explained the terms of physical requirements, which are to the following effect:

Sl.No. Code Physical Requirements 1 S Work performed by sitting 2 ST Work performed by standing 3 RW Work performed by Reading/Writing 4 W Work performed by Walking 5 B Work performed by Bending 6 SE Word performed by seeing 7 H Work performed by Hearing/Speaking Thus, partially blind and partially deaf having physical requirements, as noticed above, were identified for the post of Civil Judge(Junior Division). The physical requirements were specified looking to the nature of the job of Civil Judge(Junior Division). 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). As noticed above Government order dated 08.08.2014 was issued by the State Government after consultation with the High Court and the TNPC specifying the partially blind and partially deaf as 40%-50% taking into account all relevant considerations. In this context, it is relevant to notice that the physical requirements which were identified by the Government by order dated 11.04.2005 for the post of Civil Judge (Junior Division) ultimately has been incorporated into the statutory Rules. The Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules, 2007 have been amended by the Government Order dated 03.04.2018. Amended Rule 10 is as follows: