Strict adherence to the 3% reservation rule and the need for sustained and speedy efforts to fully achieve the objectives of the Constitution and the Act.

T.S.SIVAGNANAM, J. –

1. As common questions arise for consideration in these two public interest litigations, they were heard together and are disposed of by a common order.

2(i) The petitioner in W.P.No.7237 of 2010, claiming to be the Vice President of Tamil Nadu Handicapped Federation Charitable Trust has filed the writ petition, praying for a direction upon the respondents to ensure that the 3% reservation for persons with disabilities is filled up by the disabled and direct the respondents to fill up 9000 vacancies, which have been reserved for persons with disabilities and further to clear the backlog vacancies available for persons with disabilities.

2(ii) The petitioner in W.P.No.17825 of 2008 is a visually challenged person and has prayed for a direction upon the respondents to implement the provisions of Section 32, 33 & 36 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (hereinafter referred to as the 'Act') providing for in the matter of employment to persons with disabilities and appoint suitable candidates by applying the provisions of the Act.

3. The case of the petitioner in W.P.No.7237 of 2010 is that the Government in G.O.Ms.No.117, Social Welfare Department, dated 27.08.2008, stated that the Tamil Nadu Government has created about 3.44 lakh job opportunities in Government sector of which 3% i.e., approximately 9000 jobs, have been earmarked for differently abled persons and the Government has constituted a "High Level Committee" under the chairmanship of the Hon'ble Minister of Social Welfare and till date no steps have been taken to implement the said Government order. Further, it has been stated that only because of the representations made by the association of differently abled persons, the Government launched a Special Recruitment drive, by issuing a Government order dated 18.03.2010, to clear the backlog vacancies for the differently abled persons. In such circumstances, the petitioner sought for a direction upon the respondents to ensure the 3% reservation for persons with disabilities and to fill up the vacancies and clear the backlog vacancies.

4. The case of the petitioner in W.P.No.17825 of 2008 is that the respondents have failed to apply the rule of reservation as per the Act and the same is violative of the principles enshrined under Article 14 & 16 of the Constitution of India and that the petitioner, who appeared for selection to the Group I service even though, scored 153 marks in the preliminary examination, in view of the non-availability of any cut off mark in the said category, he was not selected. Therefore, the petitioner has sought for a direction upon the respondents to implement the provisions of the Act, more particularly Sections 32, 33 and 36 of the Act.

5. It is seen that the Commissioner for Disabilities (presently State Commissioner for Differently abled) was not impleaded as a respondent in W.P.No.17825 of 2008 and a Division Bench of this Court by order dated 23.07.2009 suo-moto impleaded the Commissioner and directed to file a report setting out to what extent the provisions of the Act has been implemented in the State of Tamil Nadu. Thereafter, the writ petitions have been periodically heard and various interim directions were issued. On 06.07.2010, a Division Bench of this Court, after going through the various Government orders and considering the claim of the petitioner, thought it appropriate to direct the State Government to file a report regarding the implementation of the Government orders issued, regarding the 3% reservation. Pursuant thereto a report has been filed which we shall refer to in the later part of this order.

6. The Tamil Nadu Public Service Commission have filed a counter affidavit in W.P.No.17825 of 2008, which has been adopted by the State Government, inter alia stating that among the 8 category of posts in Group I service, physically handicapped candidates are eligible to apply o