JASWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - The petitioner was a candidate for the post of Assistant Engineer (Electrical) advertised by the Punjab State Electricity Board. Vide letter dated July 15, 1998 he was called for interview. Having not been selected, the petitioner has approached this Court through the present writ petition. He claims that he was physically handicapped as he had suffered an accident in the year 1980. A copy of the Disability Certificate dated Sept. 14, 1999 has been produced by the petitioner as Annexure P1 with the writ petition. He complains that the respondent-Board had not reserved any post for the physically handicapped persons. He prays that the respondent be directed to consider his claim for appointment against 3 per cent posts which are required to be reserved for the handicapped persons under the "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995."

(2.) We have heard Mr. O.P. Garg, learned counsel for the petitioner.

(3.) It is conceded by the counsel that the posts had been advertised sometime prior to April, 1998. No reservation had been made. The petitioner had not objected or represented to the Board to make any reservation. He had competed. He was allowed to do so as he was already in the service of the Board as Junior Engineer. Thereafter, selection was made. The selected candidates had been appointed. They have not even been impleaded as parties. At this stage we cannot direct the Board to make a fresh selection.