The Madras High Court has passed an interim order restraining the Teachers Recruitment Board (TRB) from making any appointments through direct recruitment for the posts of Post Graduate Assistant/Physical Education Directors Grade–I in the School Education Department, till further orders.
The First Bench of Chief Justice Indira Banerjee and Justice M. Sundar passed the interim order on a Public Interest Litigation (PIL) petition seeking to provide 4% reservation to persons with disabilities in recruitments made by TRB, as mandated by the Rights of Persons with Disabilities Act, 2016.
According to the petitioner – the Tamilnadu Association for the Rights of All Types of Differently Abled and Caregivers (TARATDAC) – the TRB issued a notification dated May 9, 2017, for direct recruitment of Post Graduate Assistant/Physical Education Directors Grade–I in School Education and other departments for the year 2016- 17.
Alleging that the Board has provided reservation of only 3% to persons with disabilities in the recruitment as against the statutory mandate of 4%, the association has approached the High Court to quash the notification.
Further, a certain provision of the notification imposes restriction in such a way that persons with disabilities within the category of OA (one arm), OL (one leg) and BL (both legs) suffering 40-70% disability alone are eligible to apply, which was against a Government Order dated March 2, 2016, the petitioner said.
“Out of 1,663 posts, only 18 posts have been shown in the roster point to be filled up by the persons with disabilities which do not even cater to 3% reservation. But when 4% reservation is provided as mandated in the Act, 67 posts have to be reserved for persons with disabilities,” counsel for the petitioner Karl Marx said.
When the plea came up for hearing, Additional Advocate General K. Venkataramani submitted that the government on May 30 has passed an order enhancing the 3% reservation to 4% in conformity with the Act.
Recording the submission, the Bench allowed the TRB to process the applications received for the recruitment, but has restrained it from making any appointments. The court then posted the PIL to June 16 for further hearing.
