State directed to scrupulously follow 3 per cent reservation meant for PwD

Justice M V Muralidharan on observing that despite a direction no records were produced by the State about persons being appointed by following the scheme of reservation for the persons with disabilities, said, “Time and again, this court and the Supreme Court has offered very clear direction to follow the scheme of reservation for the persons with disabilities in all the departments and hence non-observation of the same should be considered an act of disobedience.”

Based on this, the judge on directing the State to appoint the petitioner S Gopikrishnan within eight weeks, also directed the Chief Secretary to issue a circular to all the departments, public sector undertaking and Government Corporation to take steps to follow the reservation for persons with disabilities under the three per cent quota and to inform periodically to the Commissioner of Differently Abled Persons, Department of Social Welfare. Justice Muralidharan in his order also directed the Commissioner of Differently Abled persons to follow this order by making a representation to all the departments and get details whether the scheme of reservation for persons with disabilities as per Section 33 of the Provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) are followed.

The petitioner who had moved the plea in 2010 had contended that he is a differently abled person suffering from 50% disability by dint of deformity in his left leg. Pursuant to the advertisement published on January 29, 2010, he had applied for the post of Junior Assistant in M.G.N.G Higher Secondary School in Coimbatore district, on Feb 8, 2010 annexing all the requisite documents in proof of his educational qualification. But the authorities have not complied with such mandatory requirement as there is no indication in the advertisement qua reservation for physically handicapped persons.