(1.) THE petitioner, a practicing advocate, having applied to the post of Civil Judge (Junior Division), in response to notification No. C.J.R.C. 1/2010 dated 06.08.2011, issued by respondent No. 4, has filed this writ petition on 07.10.2013, to quash the said notification as at Annexure -B and for a mandamus against respondent Nos. 3 and 4, to reissue the notification by providing reservation for handicapped/disabled persons at the rate of 3% by considering the number of vacancies to be filled up and grant consequential reliefs.
(2.) HEARD Sri N.R. Naik, learned advocate for the petitioner and Smt. M.S. Prathima, learned HCGP for the respondents and perused the writ petition record.
(3.) THAT apart, a person similarly placed like the petitioner had filed W.P. No. 40343/2011 seeking quashing of the impugned notification, on the ground that the appropriate Government is under an obligation to appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability and that if the Government intended to exempt any establishment from the provisions of the section, having regard to the type of work carried on in any department or establishment, then by notification, subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the operations of the provisions. It was contended that while issuing notification bearing No. C.J.R.C. 1/2010 dated 06.08.2011, there being no notification issued exempting the post of Civil Judges in Judicial Department, in terms of the proviso to Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, the recruitment undertaken being illegal, interference is warranted. The writ petition having opposed by the respondents by making available a notification dated 13.09.2005 issued by the State Government, the petition was dismissed by observing as follows: