B.Pugalendhi, J
1. The petitioner is a disabled person with 80% disability on his right arm. He has applied for the post of Health Inspector Grade-II as per the notification dated 27.10.2025. This notification provides for 4% reservation for disabled persons. However it is restricted with the Locomotive Disability (one leg and others). The nature of locomotive disability has been considered elaborately by the Department of Welfare of the Differently Abled Persons, as per Section 33(1) of the Rights of Persons with Disabilities Act, 2016 vide GO(Ms)No.9, dated 23.03.2023, as under:
" In the List of Posts identified, the following shall be included as SI.No.236:-
"The LD (Others) category shall be considered suitable for all the posts wherever the LD category of disability identified for Differently Abled Persons"
In the Abbreviations SI.No.5 of LD-Code, the following Functional Classification shall be included:-
|
SI.No |
Code |
Functional Clarification |
|
5(i) |
LD(others) |
Scoliosis and / or Kyphoscoliosis, Kyphosis, Spinal Cord Injuries and Spine Kyphoscoliosis, in addition to this type of Locomotor Disabilities notified by the Government of India in Gazette part-II 3(ii) dated 5.1.2018, Ministry of Social Justice Notification, dated 4.1.2018 SI.No.76(E) Annexure-II. |
2.The persons, who have suffered disability due to some spinal disorders have been considered for appointment under the locomotive disability category. However the persons, who have suffered disability on the arm are not considered. The petitioner has secured sufficient marks in the written examination. Since he has applied under the disabled category, when he has approached the medical board for getting necessary certificate in the prescribed format, he was informed that he is not eligible for the post of Health Inspector, as per the notification.
3.The learned counsel for the petitioner by referring to the notification issued by the respondents in the year 2023 submits that the locomotive disability (one arm) is also considered as disability under the disability category in the notification of the year 2023.
However in view of the decision taken by the government vide GO(Ms)No.9, dated 23.03.2023, the disability in the arm has not been taken into account without any valid reason and therefore, the petitioner is not in a position to appear for further selection process.
4.Since the petitioner has made out a prima facie case there shall be an interim order as prayed for in WMP(MD)Nos.146 and 145 of 2026.
Post on 03.02.2026.
