DHUDI CHAUDHARY Vs. R P S C AJMER

JUDGEMENT

(1.) THE writ petitioner Ms. Dhudi Chaudhary; a physically handicapped person being disabled by both the hands applied for the post of Lecturer (History) advertised by the respondent - RPSC and claimed such appointment against the reserved vacancies for physically handicapped persons. THE said advertisement was issued in the year 2001 and the petitioner was called for the interview vide Annex. 3 dtd. 4.1.2003, but was later on not offered the appointment on the ground that the physically disability in the case of the petitioner did not fall within the ambit and scope of disability prescribed for said position, namely, OL/BL (orthopaedically handicap in one log or both legs). This category of OL/BL did not include the petitioner's disability which was described in the medical certificate as "Ankylosis right elbow in 90% flexion partial Ankylosis right wrist and finger, amputation thumb and index finger left panel, Ankylosis left wrist in 90% extension." THE total disability was measured by the Medical Board at 60% in the said certificate. THE petitioner claimed the relief in the writ petition that the petitioner deserves to be given the benefit of reservation on the said post by virtue of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the PWD Act, 1995). THE petitioner also challenged the validity of Rules framed by the State Government under the said Central enactment known as Rajasthan Employment of Disabled Persons Rules, 2000' (hereinafter referred to as the Rules of 2000) as amended vide notification dtd. 10.10.2002 issued by the State Government.

(2.) THE second writ petition filed by Mr. Mahesh Kumar Monga is by the person who was also physically handicap in the category of OL/BL and was selected for the said appointment, but could not be provided this appointment on account of exparte interim order passed in the aforesaid first writ petition No. 1567/2003 filed by the petitioner Ms. Dhudi Choudhary in which on 10.4.2003, a coordinate Bench of this Court directed the respondents to keep one post of Lecturer (History), which was the only post available, reserved for the petitioner Ms. Dhudi Chaudhary.

(3.) I have heard the learned counsels at length and bestowed my thoughtful consideration to the rival pleadings, statutes and the case laws cited at the Bar.