The central legal point established in the judgment is the requirement to implement and adhere to the reservation provisions for differently abled persons as per the Persons with Disabilities Act, 1995.

1. The petitioner is a differently abled person who had applied for the post of Record Clerk in the third respondent College affiliated with Bharathiyar University, the second respondent, sought for a mandamus directing the third respondent College to provide 3% reservation for differently abled persons, as per the cadre strength and consequently, prayed for a direction to the third respondent to appoint him as Record Clerk in the third respondent College pursuant to the advertisement dated 23.12.2009.

2. It is the grievance of the petitioner that though several representations have been made, respondents have not taken any steps for providing reservation for the differently abled persons, which is against the letter and spirit, of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which mandates, 3% reservation to be provided in the total sanctioned posts.

3. The Secretary and Director of the third respondent College has filed a detailed counter affidavit contending inter alia that there are two sanctioned vacancies for the post of Record Clerk and as per the Roster system prescribed by the State Government, one vacancy was allotted to OC category and another vacancy was allotted to a candidate belonging to S.C.Arunthathiyar Community. It is the contention of the third respondent College that vacancies in both the categories have been filled following Roster system.

4. The report filed by the Principal, Kongunadu Arts & Science College, Coimbatore, the fourth respondent, shows that out of 51 sanctioned strength of non-teaching staff, only 38 persons are working continuously from 1996 to 2010. Till 2008, only one differently abled person has been appointed and continued. Similarly, in respect of teaching staff in the College that out of 84 sanctioned strength, only 61 persons are working continuously from 1996 to 2010, but only onedifferently abled person has been appointed, against the vacancies. Thus, it is evident that the third respondent College has ailed to implement the provisions of the persons with disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, in letter and spirit. Though the relief sought for is only against the third respondent, having regard to the mandate of the statute to bringin equality, this Court directed the Registrar of the University to submit the details of differently abled persons working in the teaching posts in the University. As per the details, furnished for the years 2008-2009, the total cadre strength of teaching posts in the said University was 47 and subsequently it has been reduced. The cadre strength as on today has not been furnished by the University. The reasons for reduction of the cadre strength of teaching posts in Bharathiyar University have not been given. However, the details as furnished by the Registrar of University in respect of teaching posts in Bharathiyar University is extracted hereunder:

TEACHING POSTS:

Tabular Column showing details of Disabled persons in Teaching posts in Bharathiar University, Coimbatore-46.

Postsnotified

S.No. Year Total Cadre strength for persons Posts filled

with disabilities

47

1 2008 (including Permanent, Nil Nil

Tenure, Contract)

28

2 2009 (including Permanent, Nil Nil

Tenure, Contract)

No recruitment has been made for the disabled persons from 2008 to 2010 in teaching posts.

5. Though a specific direction has been granted by this Court on 24.1.2011, directing the respondents to submit a report regarding the cadre strength and the number of vacancies notified, the Registrar of Bharathiyar University has not submitted the same before this Court and has given particulars only upto 2001, the cadre strength as on today has not been furnished. The details of the differently abled persons of the non-teaching posts of Bharathiar University, so far employed, is extracted hereunder:

NON-TEACHING POSTS:

Tabular Column showing