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Nomination of non-handicapped persons challenged

By Our Staff Reporter

CHENNAI DEC. 15. A writ petition challenging the nomination of non-handicapped persons to the State Coordination Committee, which looks after the welfare of the handicapped, has been filed in the Madras High Court.

Justice R. Balasubramanian admitted the petition filed by T.A.P. Varadakutti, an erstwhile member of the committee, and ordered notice to the Government, returnable in two weeks.

According to the petitioner, the Government, through an order dated October 7, 2002, had reconstituted the entire committee by replacing the eligible members with persons suffering from no disability whatsoever, in violation of the mandatory provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995.

"None of the members nominated as per Section 13(2)(f) of the Act is eligible to be nominated as they are not persons with disabilities as defined under Section 2(t) of the Act," Dr. Varadakutti said.

The functions — such as reviewing and coordinating the activities of all Governmental as well as non-Governmental measures, helping the Government develop a State policy, advising it on relevant issues and monitoring/evaluating the impact of policies — earmarked under the legislation could not be effectively discharged by anyone other than those with disabilities, the petitioner submitted.

The Government's failure to nominate even one disabled member to the committee was totally against the spirit and object of the Act, he said, praying for a direction to the Government to re-constitute the committee as per the mandatory provisions of the Act, by re-nominating only persons with disabilities as members.

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