LAWS(SC)-2024-8-47

REKHA SHARMA Vs. RAJASTHAN HIGH COURT, JODHPUR

Decided On August 21, 2024
REKHA SHARMA Appellant
V/S
RAJASTHAN HIGH COURT, JODHPUR Respondents

JUDGEMENT

(1.) Both the appeals having common question of law and facts were heard together and are being decided by this common judgment.

(2.) The facts in nutshell are that the respondent High Court had issued an advertisement for the direct recruitment of 120 posts of Civil Judge and Judicial Magistrate under the Civil Judge Cadre. The appellant-Ms. Rekha Sharma, having 40% permanent disability in relation to her eyes, had applied for the said post. The appellant-Ratan Lal having locomotor disability i.e. 55% permanent physical impairment in relation to his right upper limb, had also applied for the said post. Both having appeared in the Preliminary Examination were declared "not successful". As per the result declared on 11/1/2022, the cut off marks in respect of every category mentioned in the advertisement were shown except the cut off marks for the category of Persons with benchmark disabilities.

(3.) Being aggrieved by the said result, the appellant-Ratan Lal (in C.A. No. 5052/2023) had preferred D.B. Civil Writ Petition No. 1436 of 2022, which came to be dismissed by the High Court vide the judgment and order dtd. 2/3/2022. The appellant-Rekha Sharma (in C.A. No. 5051/2023) had also filed D.B. Civil Writ Petition No. 1868 of 2022 which came to be dismissed by the High Court vide the order dtd. 6/4/2022 relying upon the judgment dtd. 2/3/2022 passed in Writ Petition No. 1436 of 2022.