A GANESA MOORTHY Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner is a differently abled person who had applied for the post of Record Clerk in the third respondent College affiliated with Bharathiyar University, the second respondent, sought for a mandamus directing the third respondent College to provide 3% reservation for differently abled persons, as per the cadre strength and consequently, prayed for a direction to the third respondent to appoint him as Record Clerk in the third respondent College pursuant to the advertisement dated 23.12.2009.

(2.) IT is the grievance of the petitioner that though several representations have been made, respondents have not taken any steps for providing reservation for the differently abled persons, which is against the letter and spirit, of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which mandates, 3% reservation to be provided in the total sanctioned posts.

(3.) THOUGH a specific direction has been granted by this Court on 24.1.2011, directing the respondents to submit a report regarding the cadre strength and the number of vacancies notified, the Registrar of Bharathiyar University has not submitted the same before this Court and has given particulars only upto 2001, the cadre strength as on today has not been furnished. The details of the differently abled persons of the non-teaching posts of Bharathiar University, so far employed, is extracted hereunder: NON-TEACHING POSTS: Tabular Column showing details of Disabled persons in Non-Teaching posts in Bharathiar University, Coimbatore-4. S.No. Year Total Cadre strength Postsnotified for persons with disabilities Posts filled 1 1999 334 Nil 01 2 2000 334 Nil 02 3 2001 334 Nil 05