ALOK SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed seeking the following reliefs:-

(2.) It is the case of the petitioner that in pursuance to the advertisement issued by respondents No.3 and 4 dated 21.012.2021 seeking appointment on the post of Civil Judge, Junior Division (Entry Level). The petitioner along with other candidates applied for the same. Total 123 posts were advertised, 62 posts were for the Unreserved Category (UC), 19 posts for the Scheduled Castes (SC), 25 posts for the Scheduled Tribes (ST) and 17 posts for the Other Backward Classes (OBC). Looking to the vacancies, the posts were increased to 78 posts with respect to Unreserved Category and in addition 04 posts under the Physically Handicapped (PH) quota with regard to Unreserved Category were added. The petitioner being a physically handicapped i.e. he was having low vision. Affidavit to the aforesaid effect was also issued. The case of the petitioner falls under "The Rights of Persons with Disabilities Act, 2016" (hereinafter referred to as 'the Act of 2016'). Therefore, he was having an opportunity for consideration of his case in terms of Sec. 34(2) of the Act of 2016.

(3.) It is submitted that the petitioner scored 112 marks out of 150 marks in the preliminary examination. In the main examination out of 1887 candidates who wrote the preliminary examination, only 04 candidates under the physically handicapped could succeed in the main examination. Petitioner was called for interview on 16/1/2023 but he was surprised to see the final result dtd. 18/2/2023 wherein the name of the petitioner was not found. It is his case that candidates who scored less than the petitioner under the physically handicapped category were selected. He secured 18.1 marks in the interview stage, whereas the minimum marks were 40% out of 50 i.e. 20 marks. He submits that the benefit of Sec. 34 of the Act of 2016 should be extended to him and relaxation in standard of suitability in case of the physically handicapped should be provided in terms of Clause 11 of the memorandum dtd. 15/1/2018 issued by the Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training. The same has not been considered by the authorities therefore, the present petition has been filed.