Chennai, Mar 30 (UNI) The Madras High Court today observed that each department should be treated as an 'establishment,' and the Tamil Nadu government was bound to reserve not less than three per cent of the vacancies in an establishment for the disabled in accordance with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act.
The first Bench comprising Chief Justice A P Shah and Mr Justice F M Ibrahim Kalifulla directed the Tamil Nadu Public Service Commission (TNPSC) to fill 187 vacancies under the Commission's two notifications by appointing eligible physically-challenged candidates.
The bench passed the order on two writ petitions filed by I Elangovan of Vellore questioning the validity of the notifications issued on November 15 and December 6, 2007, on the ground that the TNPSC had not followed the rule of three per cent reservation as provided under the Act.
The bench held that the provisions of Section 33 read with Section 2 (k) of the Act would prevail upon the Tamil Nadu State and Subordinate Services Rules and the respondents were duty-bound to provide reservation of not less than three per cent in every establishment.
The bench also said as per the charts filed by the Service Commission, 80 vancancies for the post of typist and eight vacancies for the post of steno-typist were liable to be reserved for persons with disablity under notification number 135.
The bench observed that 99 vacancies should be filled by appointing persons with disabilities under notification number 142.
UNI XR SJ ARB HS1208