The State government should explore the possibility of organising special recruitment drive for persons the differently-abled in association with the corporate sector on a regular basis and at frequent intervals to ensure that a wider spectrum of job opportunities is available to them, the Madras High Court has observed.
Immediate steps should be taken to clear the backlog of vacancies and the government should ensure that the rule of three per cent reservation is adhered to strictly in accordance with the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act. There should be effective implementation of the Act.
The First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam, made the observation while disposing of two writ petitions.
A petition by T.M.N. Deepak sought a direction to authorities to monitor and ensure that the three per cent reservation for persons with disability is filled by the physically challenged. He also sought a direction to fill vacancies reserved for the differently-abled and clear the backlog of reserved vacancies as enunciated in a G.O. of August 2008.
The other petition by S.Chezhiyan sought a direction to implement various provisions of the Act.
In its counter, the Tamil Nadu Public Service Commission said the government had ordered reservation of three per cent of vacancies for physically challenged persons. By another order the government had approved a list of 117 posts identified under Group A and B category under the purview of the TRB and TNPSC as suitable for differently-abled persons and reserved three per cent of vacancies in direct recruitment for such posts.
Placing reliance on a report by the State Commissioner for the differently-abled, the Special Government Pleader said Tamil Nadu is a forerunner in the matter of implementation of polices for the physically challenged. Government orders are being fully implemented.
Disposing of the petitions, the Bench observed that steps appear to have been taken by the government to identify various posts in which the differently abled persons are to be accommodated. It said, while appreciating the steps taken by the government, thus far, it appeared from the details furnished by the petitioners that a more sustained and speedy effort was required by the government to fully achieve the constitutional objective of Article 41. Though steps had been taken to identify the backlog vacancies, it appeared that no special recruitment drive had been conducted.
