HC closes PIL; records apology by ex-Education Secretary

A week after the Madras High Court flayed the contents of a counter affidavit filed by the then Education Secretary over appointments of physically-challenged persons as lecturers, the court today closed a PIL following her appearance and submitting an unqualified apology.
The official had filed the counter in the matter related to implementation of the Provisions of the Protection of Persons with Disabilities and Equal Rights and Full Participation Act 1995.
The First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M.M. Sundresh, had criticised the official D Sabitha on March 24 , saying it was an "improper and insensitive" affidavit seeking to treat visually-impaired candidates as not normal persons.

"To say the least, it is an improper and insensitive affidavit filed seeking to treat visually-impaired candidates as not normal persons", the First Bench had said on a PIL by Tamil Nadu Teachers Association for Visually-Challenged persons, challenging exclusion of visually-impaired candidates from appointments of lecturers in various teachers education, research and training institutes.
It was also averred that all these activities can be successfully performed by 'normal persons only'.
The Association submitted that they were aggrieved by Clause 7 of the prospectus issued by Teachers Recruitment Board for recruitment of lecturers in various teachers training institutes through an advertisement on October 6, 2009, excluding visually-impaired persons from appointments.

The PIL challenged the prospectus stating it was violation of Section 33 of the Act as it requires reservation of one per cent of the total vacancies for the post of lecturers for visually-impaired candidates.

"These are only excuses to evade and not implement the provisions of the Protection of Rights and Full Participation Act, 1995, which expresses legislative intent", the bench had said.
"We, thus, strongly condemn the contents of the affidavit affirmed by a senior officer being Secretary to government, School Education Department then, D Sabitha", the bench had said and directed her to be present in the court at the next hearing today.

The official gave an unqualified apology and assured the court today that all the vacancies will be filled in the next recruitment especially by visually-challenged persons.
The bench, after accepting the apology and the assurance, recorded it and closed the PIL.