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42. The Tamil Nadu Public Service Commission („TNPC‟, for short) received a requisition from the State Government for filling up 162 posts of Civil Judge (Junior Division). TNPC has written a letter dated August 4, 2014, to both the State Government as well as the High Court proposing to notify the percentage of disability as 40-50% for partially blind and partially deaf for selection of 162 Civil Judges (Junior Division). The High Court communicated its approval to the aforesaid proposal which was also consented by the State of Tamil Nadu. The State of Tamil Nadu issued letter dated KUMAR YADAV W.P.(C) 9255/2019 Page 24 August 8, 2014 to TNPC to go ahead with the notification for the 162 posts of Civil Judge, announcing 40-50% disability for partially blind and partially deaf for the selection in question. TNPC issued notification dated August 26, 2014, inviting applications through online for direct recruitment.

(2) Whether the condition of 40-50% disability for partially blind and partially deaf categories of disabled persons is a valid condition?

(3) Whether the decision of the State Government vide letter dated August 8, 2014 providing that physically disabled persons that is partially deaf and partially blind to the extent of 40-50% disability are alone eligible, is in breach of the provisions of the Act of 1995?‖

48. On the issue No.1, the Supreme Court held that the advertisement clearly provided that the post of Civil Judge has been identified as suitable for partially deaf/partially blind/ortho categories of differently abled persons (40-50% disability). In the online application submitted by the petitioner in the column of percentage of disability, he has only mentioned "more than 40%". The certificate of disability submitted by the appellant showed percentage of disability as 70%. Thus, the Court held that he was ineligible for appointment. Besides, no challenge was laid to advertisement dated August 26, 2014 and hence, the appellant KUMAR YADAV W.P.(C) 9255/2019 Page 27 cannot be allowed to challenge condition of eligibility with regard to partial blindness, i.e., 40-50%.