S. JIMRAJ MILTON, M.L., i S. PARTHASARATHI, BA.BL., |» A ae S. ARUNKUMAR, B.com.LLB., | "6S MAR 2021 ADVOCATES - MADRAS HIGH COURT Date: 26.03.2021 To 1. State of Tamilnadu Represented by Government Secretary, Department of Higher Education, Secretariat, Fort St. George Chennai - 600005. 2. The Secretary, Welfare of differently abled persons Department, Secretariat, Fort St. George Chennai ~ 600005. 3. The Director of College Education, 9th Floor, E.V.K. Sambath Palace, College Road, Chennai ~ 600006. 4. The Director of Collegiate Education 67-B, Race Course Road, Coimbatore - 18. 5. The Registrar Bharathiar University, Marudhamalar Road, Coimbatore, TamilNadu - 641046. 6. The Principal Chikkaiah Naicker College, Sathy Road, Veerappanchatram Post, Erode ~ 638 004. No: 309/150, 1* Floor, Fatema Manzil, Linghi street, Parrys, Chennai ~ 600 001. Ph. 98428 12062, 044 42175222S. JIMRAJ MILTON, M.L., S. PARTHASARATHI, BA.BL., S. ARUNKUMAR, B.com.LLB., ADVOCATES - MADRAS HIGH COURT Sir / Madam, Sub: To issue Legal notice for non-compliance & Violation of properly Notifying the 4 % reservation for differently able under Rights of Persons with Disability Act 2016 Under instructions from and on behalf of my clients M/s All India Confederation of the Blind having its administrative office at Braille Bhawan near Rajiv Gandhi Cancer Hospital, Rohini, Delhi - 110085, I hereby serve you this legal notice as under: 1. My client M/s All India Confederation of the Blind is a premier self-help organization of the blind having 26 affiliates organizations in the Country out of which five are in Tamilnadu. 2. My Client Organisation mainly advocating for the rights of the visually impaired persons, especially they demand effective implementation of The Rights of Persons with Disability Act 2016 (herein after called the RPD Act). 3. Here your college management of Chikkaiah Naicker College (Affiliated Bharathiar University) Erode- 4, recently publish the notification dated 17.02.2021 for the regular vacancies (Government Aided) in 12 departments for the 25 Assistant Professor post and 11 Non-teaching staffs Post as follows. REGULAR VACANCIES NOOF SLNO. SUBJECT COMMUNAL ROSTER VACANCIES 1 [TAMIL MBC, SC 2 2 [ENGLISH SC, MBC, GT(W) 3 3 | COMMERCE GT, MBC(W) 2 4 | BBA GT, BC 2 5__| ECONOMICS BC(W). SC(AJTM, GT 3 6 _| BOTANY GT(TM), MBC(LMD) 2 7_ [MATHS [BC, BC(MUSLIM)(W) _ 2 No: 309/150, 1* Floor, Fatema Manail, Linghi street, Parrys, Chennai - 600 001. Ph. 98428 12062, 044 42175222S. JIMRAJ MILTON, M.L., S. PARTHASARATHI, BA.BL., S. ARUNKUMAR, B.com.LLB., ADVOCATES - MADRAS HIGH COURT BC, GT(W), BC(MUSLIM) 8 | ZOOLOGY Be(rM), ST(TM) 5 9 PHYSICAL DIRECTOR GT 1 A ‘TOTAL 22 BACKLOG VACANCIES NO OF SLNO. SUBJECT COMMUNAL ROSTER BP ata tee 1 _| CHEMISTRY SC(ANW) 7 2_ | PHYSICS MBC(W) 1 3__ [HISTORY BC 1 B TOTAL 3 TOTAL A+B = 25 ASSITANT PROFESSOR POST VACANCIES NON TEACHING STAFF - REGULAR VACANCIES: NO OF SLNO. SUBJECT COMMUNAL ROSTER ‘VACANCIES 1 JUNIOR ASSISTANT GT 1 ‘SCA DW(TM), MBC, 2 | LAB ASSISTANT Belo Merge, MBCIDW) 6 3 [OFFICE ASSISTANT ___| GT/DW), SC, MBC(W) 3 me A TOTAL 10 BACKLOG VACANCIES fee NO OF SLNO. SUBJECT COMMUNAL ROSTER Py entin {71_[rvrist SC(A(DW)TM 1 B | TOTAL “{ 1 TOTAL A+B = 11 NON-TEACHING STAFF POST VACANCIES No: 309/150, 1* Floor, Fatema Manzil, Linghi street, Parrys, Chennai - 600 001. Ph. 98428 12062, 044 42175222S. JIMRAJ MILTON, M.L., S. PARTHASARATHI, BA.BL., S. ARUNKUMAR, B.com.LLB., ADVOCATES ~ MADRAS HIGH COURT 4. The aforesaid notification didn’t comply and properly notify the 4% reservation for both Teaching and Non-Teaching category for the differently-abled persons under Section 34 of Rights of Persons with Disability Act 2016. 5. Section 34 of The Rights of Persons with Disability Act 2016 ensures the 4% reservation in total number of vacancies in the cadre strength in each group of posts meant to be filled with person with benchmark disabilities in the entire government establishment, 6, The government of Tamilnadu issued an office memorandum in 2018, commonly known as G.O. (Ms) No. - 20 dated 20.06.2018 through which various posts were identified as suitable to be held by various sub- categories of persons with benchmark disabilities. Presumably, this exercise was done to fulfill the obligations of the ‘appropriate government? (in this case the government of Tamilnadu) under Section-33 of the Rights of Persons with Disabilities Act, 2016. 7. The posts of Assistant Professor under the Directorate of College Education were identified as being suitable to be held by visually impaired persons. As no teaching posts at the level of Assistant Professor have been excluded from this identification, it is assumed that all teaching posts falling under the Directorate of College Education are suitable to be held by visually impaired persons. 8. Following this identification, visually impaired persons were not appointed as Assistant Professor in your institution as of now: So gross. violation of the RPWD Act 2016 and also you're curtailing the equal job opportunity for the disability scholars, the Constitutional mandate entrusted through statue especially for the vulnerable section. No: 309/150, 1* Floor, Fatema Manzil, Linghi street, Parrys, Chennai - 600 001. Ph. 98428 12062, 044 42175222S. JIMRAJ MILTON, M.L., S. PARTHASARATHI, BA.BL., S. ARUNKUMAR, B.com.LLB., ADVOCATES - MADRAS HIGH COURT 9. Your notifications didn’t include the PWD roster system, and without specifying abbreviation in the reservation column, it leads to confuse and curtail the opportunities for differently abled persons to apply who aspire to for these posts. The vague job notification irrespective of proper inclusion of PWD reservation clause will not serve to the object sought to achieved. 10. Further the roster system should follow by including the PWD reservation in general and for the visually impaired and other bench mark disabilities for particular. Then the backlog vacancies notified in both ‘Teaching and Non Teaching is only 4 posts. 3% Reservation (1:1:1 Internal Allocation) as per Persons with Disability Act 1995 and further subsequent increase to 4% reservation (1:1:1:1 Internal Allocation) as per Rights of persons with disability Act 2016 for differently abled were not complied till date. Visually impaired and other bench mark disabled persons were neither recruited nor employed in your institution, especially in the teaching category. But your notification simply mentioning few posts in the backlog vacancies, that too not complying the 4% reservation for the differently abled persons under RPWD Act 2016 as per the roster system, so the institution has to transparently produce or publish the roster system which is followed by you since 1995. 11. This is a gross violation of the relevant provisions of the RPD Act and the rules made there under. It is further stated that the RPD Act read with its rules clearly states that if any vacancy is advertised or notified but cannot be filled due to any reason, the same needs to be advertised again for the disability subsequently. 12. Hence, the compliance of the above principle is mandatory. So the regular and backlog vacancy reserved for the visually impaired and other benchmark disability should have been advertised /notified along with other vacancies in this subsequent time period with extended due date for submission of application. No: 309/150, 1* Floor, Fatema Manzil, Linghi street, Parrys, ‘Chennai ~ 600 001. Ph, 98428 12062, 044 421752228. JIMRAJ MILTON, M.L., S. PARTHASARATHI, BA.BL., S. ARUNKUMAR, B.com.LLB., ADVOCATES ~ MADRAS HIGH COURT 13, It is pertinent to note that your existing advertisement for 25 posts for Assistant Professor Posts and 11 Non-teaching staff post in various departments is ultra vires of the provisions of the RPD Act and the rules framed there under and therefore the same is liable to be quashed and set aside as being null and void. 14. It is our duty to point out that there are several judicial pronouncements to the effect that if proper reservation has not been provided for persons with benchmarks disabilities in any advertisement/notice for employment, the same is liable to be set aside forthwith. 15. Reliance is also placed on the judgment of the Supreme Court of India in Civil Appeal No. 9096 of 2013 aris ing out of SLP (Civil) 7541 of 2009, Union of India vs. National Federation of the Blind Anr. in which it is clearly stated that reservation needs to be implemented at the earliest and in case of any default the Nodal Officer will be responsible for the implementation of the said reservation, shall be personally held responsible and departmental proceeding should be initiated. 16.In view of the Apex court, it becomes mandatory that your institution/organization should modify its present advertisement issued in 17.02.2021 by including 4% reservation clause along with the Backlog Vacancies for differently-abled under RPD Act 2016 in all the departments which are reserved for the visuelly impaired and other benchmark disability. 17.In view of the above, you are strongly advised that the above notification /advertisement may be modified by including 4% reservation with 1:1:1:1 internal allocation in the vacancies reserved for the visually impaired and other benchmark disability in each departments along with backlog vacancies from 1995 to till now for differently-abled PWD Roster. No: 309/150, 1* Floor, Fatema Manzil, Linghi street, Parrys, Chennai ~ 600 001. Ph. 98428 12062, 044 42175222S. JIMRAJ MILTON, M.L., S. PARTHASARATHI, BA.BL., S. ARUNKUMAR, B.com.LLB., ADVOCATES - MADRAS HIGH COURT 18. If the Modified notification/advertisement in compliance with provision of RPWD Act, 2016 has not be implemented within two weeks of this notice, my clients may be constrained to ventilate their grievance before an appropriate court of law which shall be at your expenses/costs. 19. The response of this notice may be send at the address given above. With Regards, (8.JIM RAJ MILTON) S$, JIM RAJ MILTON, mu. ADVOCATE No: 309/150, Fatema Manzi! Linghi Chetty Street, Chennai-01 ‘Gell: 98428 12062 / 91760 21261 No: 309/150, 1*t Floor, Fatema Manzi, Linghi street, Parrys, Chennai ~ 600 001. Ph. 98428 12062, 044 42175222