VAISHALI CHATURVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) The issue raised by the petitioner in this petition is a complex but an interesting one relating to interpretation of Sec. 34(2) of Right of Persons with Disabilities Act, 2016 (hereinafter referred as "Act of 2016").

(2.) The respondent no.2, Employees Selection Board (earlier known as Professional Examination Board) issued Joint Examination Advertisement2023 for recruitment for various posts which also included 8 backlog posts (direct recruitment) of Shorthand Typists (Group III) reserved for physically handicapped candidates of Un-reserved (UR) category for respondent no.3 Department. The posts are identified in advertisement as Post Code-022. The advertisement also clarifies that out of 8 posts, 2 posts are identified for Visually Handicap (VH), 4 posts are identified for Locomotor Disability (LD) and 2 posts are identified for Multiple Disability (MD) category.

(3.) The posts for as many as 135 departments were advertised including aforesaid 8 backlog posts for respondent no.3 department. The examination was conducted by Board in accordance with provisions of M.P. Junior Service (Joint Qualifying) Examination Rules, 2013, (in short Rules of 2013). As per the said Rules, every candidate is required to submit his candidature preference wise for as many posts on which he is eligible for appointment.