BHUVNASHWAR SINGH Vs. RAJASTHAN PUBLIC SERVICE COMMISSION AJMER

JUDGEMENT

(1.) By this D.B. Civil Special Appeal, the judgment and dated 16.9.2002 passed by the learned Single Judge in S.B.C.W.P. No. 4080/2000 has been challenged. The learned Single Judge has held that reservations in favour of physically handicapped persons are horizontal reservations and such persons would be placed in the appropriate category (General, Scheduled Caste, Scheduled Tribes or Other Backward Class) to which they belonged in the event of their selection. The learned Single Judge has negated the case of the appellant for drawing a list of physically handicapped persons as a separate category. The facts of the case are that the appellant is suffering from blindness of 98% and has been so certified under the certificate dated 16.3.1983 issued by the statutory authority relevant to avail the benefits under the Rajasthan Employment of Physically Handicapped Rules, 1976 (for short, "the Rules 1976"). An advertisement came to be issued by the Rajasthan Public Service Commission, Ajmer (for short, "the Commission") for writing of the Rajasthan Administrative Service/Rajasthan Tehsildar Service (Combined Competitive) Examination (hereinafter, (Main) Examination 1999) for selection to the notified posts. The appellant submits that under 100-Point Roster dated 9.7.1995 as issued by the Government of Rajasthan, A physically handicapped person is entitled to appointment subject to his eligibility and selection on Roster Point 34, which relates to "blind category". It is submitted that in response to the advertisement issued by the Commission, as stated hereinabove the appellant made an application to the competent authority against the handicapped quota under the category of "blind". The appellant passed the Preliminary Examination and thereafter appeared for the main examination of RAS/RTS Combined Competitive (Main) Examination, 1999. The result of the main examination was declared on 24.10.2000.

(2.) The appellant submits that apart from him, not even a single candidate under the category of "blind" took the Main Examination of 1999 and consequently he was entitled to be called for interview but the marks-sheet received by him pertaining to (Main) Examination, 1999 showed that he was not qualified for interview. It is submitted that the endorsement in the marks-sheet with regard to appellant having failed to qualify for interview was erroneous inasmuch as the Commission has not laid down the qualifying/passing marks in the RAS/RTS Combined Competitive (Main) Examination, 1999.

(3.) The further case of the appellant is that consequent to his not being called for the interview, a representation was made by him on or before 4.11.2000 to the Commissioner, Welfare Department, stating that as per the Rules of 1976, 3% posts in all the services of State are reserved for physically handicapped category, out of which 1% was specifically reserved for blind candidates. It was stated that on percentage consideration aforesaid out of the vacancies advertised for the (Main) Examination, 1999, 15 vacancies were reserved for physically handicapped candidates out of which 5 posts were reserved for blind candidates. It was submitted hat as per 100-Point Roster, Roster Point-34 was made for blind candidates and the Commission had not issued any notification/order fixing the qualifying/passing marks in the said examination of 1999. The appellant further sought to strengthen his case on the basis of comparison of marks secured by him at the main examination as a general/open category candidate with OBC/SC/ST candidates had been called for interview.