V.MUTHUPANDI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed challenging the notification dtd. 4/7/2024 on the file of the first respondent.

(2.) The petitioner is a person with disability of 60%. He is qualified with BL degree and he is practicing as an advocate. While being so, the first respondent issued notification dtd. 4/7/2024 for appointment of Law Officers to the High Court of Madras and Madurai Bench of this Court. The petitioner had applied for the post of Law Officer. Now the very notification itself is under challenge on the ground that the notification was issued without reference to the Rights of Persons with Disabilities Act, 2016 (hereinafter called as 'the Act'). It came into effect on 19/4/2017 for the welfare of disabled persons to improve their socio-economic status. However, there is no preference given to the persons with disability in the notification. Therefore, the petitioner was not given fair opportunity to be appointed as Law Officer. The Act provides that the Government and other authorities must ensure reasonable accommodation and prevent discrimination against the persons with disabilities in employment, education and other aspects of public life.

(3.) The learned counsel for the petitioner relied upon Sec. 2 of the Act which provides for "reasonable accommodation". It means necessary and appropriate notification and adjustments, without imposing a disproportionate or undue burden in particular cases, to ensure that the persons with disabilities enjoy or exercise their rights equally as the others. Further, the notification violated the provisions under Ss. 3(5) and 20 of the Act. It provides that the Government and other authorities must provide for equality and non-discrimination to persons with disability and the appropriate Government shall ensure that the persons with disabilities enjoy the right to life with dignity and no person shall be deprived of personal liberty on the ground of disability.