C.SOMASUNDARAM Vs. CHAIRMAN TEACHERS RECRUITMENT BOARD

JUDGEMENT

(1.) The petitioner has filed this petition seeking a direction to dispose of his appeal filed way back on 10/1/2023 in the matter of challenge to rejection of his application for issuance of community certificate to himself and his three daughters.

(2.) According to the petitioner, the petitioner belongs to "Kurumans" Scheduled Tribe community. Though an application for issuance of community certificate was submitted to the third respondent/Revenue Divisional Officer, the same was rejected on 21/12/2022. Aggrieved by the said order, the petitioner filed an appeal on 10/1/2023 before the District Collect, which is pending consideration since then. In the meantime, notification for recruitment to the posts of Graduate Assistant, Physical Director, etc., was issued and the petitioner offered his candidature. The process of selection is on the verge of completion, but till date the appeal has not been decided. The grievance of the petitioner is that, in case he succeeds in the appeal, he would be entitled to be considered against the post reserved under the category ST CAT 1 [Blindness and Low Vision - 1% reservation].

(3.) Had it been any other case, this court would have disposed of the same with a direction to the authority concerned to consider the appeal within a stipulated period. However, we find that the petitioner in this case happens to be a person with disability [visually impaired with percentage of disability assessed at 40%] and, as mandated under the Rights of Persons with Disabilities Act, 2016 [Act], it is the bounden duty of the appropriate government to ensure that such persons with disabilities enjoy various rights, such as right to equality, life with dignity, respect for his integrity, etc., equally with others, without any barrier, including communicational and attitudinal factors, which hampers the full and effective participation of persons with disabilities in society, as specially silhouetted in Sec. 2(c) of the Act, which reads thus: