SHIV KUMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Radhey Shyam Maheshwari and Shiv Kumar Singh, who are physically handicapped persons, instituted writ petitions before the Single Bench, being aggrieved by the amendment dated December 31, 1981 in Rule 3 of the Rajasthan Employment of Physically Handicapped Rules, 1976 whereby the physically handicapped persons were deprived of the right of appointment in the State Services. Both the appellants sought appointment on the post of lecturer in pursuance to the advertisement published by the Rajasthan Public Service Commission in the year 1985. The writ petitions respectively filed by Shiv Kumar Singh and Radhey Shyam Maheshwari in the year 1986 and 1987 were ultimately decided by the learned Single Judge on September 18, 1995. Though Rule 3 of the 1976 Rules was declared discriminatory and unfair and the State Govt. was directed to constitute a committee to find out the basis for giving reservation to the handicapped persons, yet the appellants were not found entitled to any relief after a lapse of about nine years. This order of learned Single Judge has been assailed by Shiv Kumar Singh and Radhey Shyam Maheshwari as well as Director of College Education in the instant appeals.

(2.) DURING the pendency of these appeals Governor of Rajasthan in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India enacted "the Rajasthan Employment of the persons with disabilities Rules 2000 (for short New Rules) to regulate the recruitment of persons with disabilities appointed to services and posts in connection with the affairs of the State of Rajasthan and the said rules were notified on Sept. 9, 2000 and published in in the Rajasthan Gazette. , As per Rule 3 of the New Rules the physically handicapped persons shall have right of appointment in the State Services also. Details of State Services have been incorporated in Schedule -1 appended to the Rules. As per serial No. XV of the Schedule, physically handicapped person with disability of blindness can also be appointed as Lecturer in the Rajasthan Education (College) Service. Rule 13 of the New Rules repealed the old Rules of 1976 and the only question that need our answer is as to what should be the appropriate relief that can be awarded to the appellants now?