IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 18.03.2024 PRONOUNCED ON : 02.04.2024 CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.18980 of 2022 W.M.P.Nos.18310 & 18311 of 2022 K.Arvind Ramesh ... Petitioner Vs.

1. Reserve bank of India, rep. by its Regional Director, Reserve Bank of India, Rajaji Salai, Chennai.

2. The Chief General Manager, Reserve Bank of India, Rajaji Salai, Chennai.

3. The Assistant General Manager, Human Resource Management Department, Reserve Bank of India, Chennai. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records to the order No.CHN.HRMD.RECRUIT.No.S.628/07.01.044/2022-23 dated 30.05.2022 issued by the third respondent Assistant General Manager of the respondent bank and quash the same as being illegal arbitrary and unconstitutional and consequently direct the respondent bank to appoint the petitioner to the post of Office Attendant under the Persons with Disability quota (PwBD) with all attendant service benefits.

For petitioner : Mr.C.K.Chandrasekkar For respondents 1 to 3 : Mr.C.Mohan for M/s.King & partridge

ORDER

This writ petition has been filed challenging the order passed by the 3rd respondent dated 30.05.2022 thereby rejected the request made by the petitioner seeking appointment to the post of Office Attendant in the persons with Benchmark disability quota.

2. The petitioner is a person with physical disability and he is a autistic person from his childhood. He is certified that he has Mild Autism Spectrum Disorder as well as Mild Intellectual Disability. The IQ level of the petitioner has been assessed as 60%. While being so, the first respondent had issued notification for 841 vacancies to the post of Office Attendant (OA) all over India. As per the recruitment notification, it has reservation for persons with Benchmark Physical Disability who suffer from Autism and Intellectual disability. This reservation is made in pursuant to the Rights of Persons with Disability Act, 2016 (hereinafter called as ''RPWD Act''). As per the notification, the petitioner had applied to the post of Office Attendant under the PwBD quota and submitted his all relevant medical records including the disability certificate. The petitioner had attended written examination and he secured 103 marks out of 120 and he also passed language proficiency test. His certificates were verified by the respondent on 15.09.2021. However, the petitioner was not selected for the post of Office Attendant under the PwBD quota. Therefore, the petitioner submitted representation to the respondents. The petitioner was informed that only 52 candidates were eligible for the post of Office Attendant in Chennai office and no candidates were selected under PwBD category for the post of Office Attendant. Thereafter, in order to prove his case, the petitioner submitted certificate dated 25.03.2022 issued by the Institute of Mental Health, Chennai along with detailed representation However, the 3rd respondent rejected the request made by the petitioner by an order dated 30.05.2022.

3. The learned counsel for the petitioner submitted that the petitioner has suffered with Intellectual Disability from his childhood and he has assessed with his disability with 55% and his IQ was assessed with 60%.The petitioner produced disability certificate dated 01.10.2010. Therefore, the non-selection of the petitioner is clear violation of the provision of RPWD Act and the International Conventions to which India is a signatory and as per Articles 246 and 253 of the Constitution, particularly Entries 12 to 14 of the Union List in the Seventh Schedule of Constitution of India. Sofar the respondents did not fill up the vacancy under PwBD quota. He further submitted that the petitioner was subjected to clinical examination and psychological assessment in the Institute of Mental Health, Kilpauk, Chennai on 04.07.2023 and observed that the