JYOTSNA MENGI Vs. CHAIRMAN JANDK PSC

JUDGEMENT

(1.) THE Jammu and Kashmir Public Service Commission invited applications for filling up of 124 posts in eight different services by a notification dated December 28, 2001. Subsequently, by notification dated November 27, 2002, the number of posts was raised to 138. The notifications mentioned that two posts have been reserved for disabled persons. The appellant made a representation that, having regard to the number of posts to be filled up, the number of posts reserved for disabled persons should be more. The said representation was not addressed to. The appellant is a disabled person, for, she has locomotor disability. She responded to the advertisement and sought to be considered for the posts reserved for disabled persons. She was, accordingly, considered and, having regard to what has been stated in the judgment and order under appeal, she was adjudged fourth best amongst disabled candidates. The appellant having thus been adjudged was not accommodated in the two posts reserved for disabled persons and, hence, she filed the writ petition. The writ petition having been dismissed, the present appeal has been preferred.

(2.) ON the basis of the papers and records produced before us there is now no dispute that the person who was adjudged best amongst disabled persons was, in fact, not a disabled person and, accordingly, he was not considered in the category of disabled persons. Accordingly, the second and third candidates, adjudged amongst disabled persons, have been accommodated in the advertised two posts reserved for disabled persons. In the event a third post is available. It is the contention of the appellant she should be accommodated in such post.

(3.) WE have made an endeavour to ascertain whether, in fact, a third post was available or not and will discuss it hereinafter, but before doing so, we must highlight that the manner in which steps have been taken to fill up posts reserved for disabled persons, the State has given a go-by to the law made by it, namely, the Jammu and Kashmir persons with Disabilities (Equal Opportunities, Protection of rights and Full Participation) Act, 1998, which came into force on May 19, 1998. In this connection, one must note sections 21 and 22 of the Act, which are set out below: