MANHAR BHARATBHAI VALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed seeking following prayers:

(2.) The facts in brief for adjudication of this petition are as under:

(3.) Heard Mr. Ishan Joshi, learned advocate for the petitioners. He submitted that the petitioners are all visually impaired candidates who, pursuant to the advertisement dtd. 1/5/2023, appeared in the TAT examination. All the petitioners appeared in the preliminary examination on 4/6/2023, and have scored the marks below the cut off marks prescribed by the respondent. He submitted that as there is no reservation provided for the persons with disability as per Sec. 34, of the Rights of Persons with Disabilities Act, 2016 ("the Act, 2016" for short) they are ousted from appearing in the main examination. In other words, it is case of the petitioners that the publication of advertisement dtd. 1/5/2023 by the respondents, without providing reservation is arbitrary beyond the provisions of the Disability Act 2016, and therefore petitioners may be permitted to appear in main examination.