JAIPAL SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE petitioner who is Physically Handicapped (Ortho) has filed the instant writ petition being aggrieved of the time frame set up by the Haryana Public Service Commission in the corrigendum dated 15.3.2013, Annexure P3, as regards the conduct of the Main Examination for the HCS (Executive Branch) and other Allied Services slated to be held w.e.f. 13.4.2013 to 24.4.2013 terming the same to be arbitrary. A further prayer has been raised for staying such main examination commencing from 13.4.2013. A brief factual backdrop would be necessary. The Haryana Public Service Commission (hereinafter to be referred to the respondent -Commission) issued advertisement No. 5 of 2011 inviting applications from eligible candidates for recruitment to various posts under the Haryana Civil Services (Executive Branch) and other Allied Services. The scheme of selection comprised of three stages i.e. (i) Preliminary Examination (for screening purposes only), (ii) Main Examination and (iii) Viva -voce. The Preliminary Examination was conducted by the respondent - Commission and the result thereof was declared on 4.5.2012. On account of the fact that certain discrepancies were noticed in the question papers, aggrieved candidates approached this Court in terms of filing a number of writ petitions. The matter was finally settled in terms of judgment dated 3.12.2012 while disposing of LPA No. 1338 of 2012 titled as HPSE v. Jitender Kumar and another and other connected LPAs. In pursuance to the directions issued by this Court, the respondent -Commission published a revised result of candidates having qualified the Preliminary Examination on 31.1.2013.

(2.) CIVIL Writ Petition No. 5024 of 2012, titled as "Avijit Singh v. State of Haryana and others" came to be filed before this Court seeking the issuance of a writ in the nature of mandamus for directing the State of Haryana to grant benefit of reservation to the extent of 3% in Government posts to the disabled persons who fall within the ambit of the definition of Physically Handicapped as contained in Section 2(i) of the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as '1995 Act'). An affidavit dated 16.3.2013 was filed by the Secretary, Government of Haryana, Personnel Department in this writ petition stating therein that insofar as Haryana Civil Services (Executive Branch) is concerned, reservation for Physically Handicapped candidates at roster points No. 26, 52 and 82 is provided and further asserting that if there would have been reservation policy for persons with disabilities in recruitment to the HCS (Executive Branch) since 1.2.1996, then two posts i.e. Roster points No. 26 and 52 would also have come to the share of persons with disabilities. Taking cognizance of such assertion, a Division Bench of this Court in its judgment dated 11.3.2013 in Avijit Singh's case (supra) held that since provisions of the 1995 Act stood enforced from 1.2.1996, it would be the statutory obligation of the State of Haryana to provide 3% reservation as per the mandate of Section 33 of the Act in respect of posts which fell vacant after 1.2.1996. Resultantly, it was held that in the forthcoming selection process relating to Haryana Civil Services (Executive Branch), two posts shall be reserved for persons with disabilities so as to clear the backlog pertaining to Roster points No. 26 and 52. The writ petition in Avijit Singh's case was disposed of on 11.3.2013 with the following observations: - -

(3.) THE petitioner submitted his application form in response to the corrigendum dated 15.3.2013 within the stipulated time -frame under the category Physically Handicapped (Ortho) and was issued the Admit Card bearing Roll No. 70009. The petitioner participated in the Preliminary Examination which was conducted on 5.4.2013 and 6.4.2013.