PROF I ELANGOVAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE petitions raise identical question of law and are concerned with the interpretation of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Act" for short) and other related provisions of the Act. Accordingly, these petitions are being disposed of by this common judgment.

(2.) THE petitioner, who is a Professor and Head of English Department, Vellore College, and a Member of the Academic Council and a Syndicate Member of the Thiruvalluvar University, Vellore, has filed these petitions in public interest questioning the validity of the Notification/Advertisement No.135 dated 15.11.2007 and Notification/Advertisement No.142 dated 6.12.2007 issued by the second respondent-THE Tamil Nadu Public Service Commission (TNPSC for short) principally on the ground that the TNPSC has not followed the rule of 3% reservation as provided under Section 33 of the Act for the recruitment to the posts advertised. THE further grievance of the petitioner is that no concession has been granted in the matter of application fee and also an onerous condition has been laid to avail exam fee exemption to persons with disabilities.

(3.) THE submission of the petitioner is that the impugned Notifications/Advertisements denying legitimate reservation to persons with disabilities are contrary to the statutory guarantee under Section 33 of the Act.