Can State Specify Percentage Of Disability For Reservation In Recruitment? Madras HC Asks [Read Order]

The High Court of Madras recently questioned the Additional Advocate General on the source of the power of the Government to specify the percentage of disabilities for reservation in recruitment for various posts.

The Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar was hearing a PIL seeking 4% reservation for the disabled in the direct recruitment of Post Graduate Assistant and Physical Education Directors (Grade-I) in School Education and other departments for the year 2016-17. The Petition has been filed by Mr. S. Nambirajan, State Secretary of Tamil Nadu Association for the Rights of All types of differently-abled and caregivers.

The Petition seeks quashing of the notification for such recruitment, contending that it was bad in law as it did not provide for four per cent reservation as per Section 34 of Rights of Persons with Disabilities Act, 2016. He had further contended that the Government did not have the power to specify the percentage of the disabilities for reservations.

Another issue raised by the Petitioner pertains to another GO dated March 2, 2016, which related to the post which is the subject matter of the impugned employment notification. The Petitioner highlighted certain discrepancies in the abbreviations used in the order, where while BL was shown as ‘both legs’ at one place, it was shown to mean ‘40% to 70%’ at another place. The AG sought time to get clarification on such discrepancies.

The Court, thereafter, permitted the Government to proceed with the processing of applications received for the post. It, however, directed it to not make any appointments in furtherance of the same. The matter has now been posted for 16 June.