BRAHM PRAKASH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner is physically handicapped being partially deaf and falls under the category of Orthopaedically handicapped. He had passed Civil Engineering (Diploma) from the board of Technical Education, Rajasthan, jodhpur in the year 1994-95 and was registered with the employment exchange at Jhunjhunu in the category of physically handicapped.

(2.) The petitioner is aggrieved of the action of respondents in not offering post reserved for physically handicapped person as per rule 4(1) and 4(5) of the Rajasthan Employment of Physically Handicap d Rules, 1976 (hereinafter to be referred as 'Rules, 1976') when 167 posts of Junior Engineer (Civil) were to be filled in Local Self Government Department. Even though the candidates of other 'reserve category' were called for the purpose of selection, but, some how, the physically handicapped persons were not given the reservation on the ground that as per instructions issued by the State Government, there was no provision for reservation of physically handicapped persons. He relies on an order of State Government dated 4.4.98, copy of which has been attached as schedule 'A', wherein it is mentioned that out of 167 posts of Junior Engineer. The 67th roster point is reserved for deaf for degree holder and diploma and 100th roster point is reserved for diploma holder for minor defective Orthopaedically handicapped persons.

(3.) The prayer has been made for issuing of appropriate writ to respondent No.1 to give appointment to petitioner on the post of Junior Engineer (Civil) under the category of physically handicapped person from the date when the appointments have been given to other Junior Engineers with all consequential benefits.