Madras HC restrains govt from appointing physical education

The Madras High Court in an interim order has directed the state government not to appoint post- graduate assistants (Grade-I) in school education and other departments but only process the applications received.
The First Bench, comprising Chief Justice Indira Banerjee and Justice M Sundar passed the order on a public interest litigation (PIL) by Tamil Nadu Association for the Rights of All Types of Differently-Abled and Caregivers, represented by its state secretary S Nambirajan.
The petition was filed before the summer vacation bench of the high court seeking to direct the authorities to provide four per cent reservation for persons with disabilities in the direct recruitment for the positions of PG assistants/physical education directors Grade-I for the year 2016-17.

The Tamil Nadu Association for the Rights of All Types of Differently-Abled and Caregivers had filed a petition before the summer vacation bench on May 25, which ordered notice to State government and Teachers Recruitment Board (TRB) and posted the matter for further hearing to June 2.
After the court re-opened, the same was posted before the First Bench.
The Additional Advocate General (AAG) K Venkataramani, placed before the bench the corundumissued enhancing 3 per cent reservation to 4 per cent in conformity with Section 34 of the Rights of Persons with Disabilities Act, 2016.

However, as the AAG had to clarify and get instructions about the source of power for the appropriate government to specify the percentage of disabilities for various posts, the Bench directed to process the applications received but not to make any appointments.

The petitioner had submitted that of the total number of vacancies of 1663 posts, only 18 had been shown in the roster point to be filled up by persons with disabilities which does not even cater to three per cent reservation provided by the Act when actually 67 posts have to be reserved.
The Bench posted the matter for further hearing to June 16.