RAMESH KUMAR AGARWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner Shri Ramesh Kumar Agarwal, who is a handicapped person seeking relief that he should be employed against the quota of physically handicapped persons in Rajasthan Administrative Service and all other allied Services keeping inview the provisions of Rule 4 of the Rajasthan Employment of Physically Handicapped Rules, 1976. It has further been prayed that during the pendency of this writ petition, if any order is passed by the respondents adversely affecting rights of the petitioner, the same may be declared illegal and be quashed and any other appropriate relief may be granted to him.

(2.) The facts necessary to be noticed for the disposal of this writ petition briefly stated are that the Govt. of Rajasthan advertised certain posts of RAS, RPS and other State and allied services and subordinate services. A combined competitive examination was held by the RPSC in the year 1979. The result of which was declared by the RPSC on 20.8.1980. The merit list of candidates for RAS and RPS was published in list-A dated 20.8.1980. The Petitioner's name does not figure in that list because he did not secure over all 50% marks. The result of other allied State Services i.e. Rajasthan Accounts Service, Rajasthan Insurance Service, Rajasthan Co-operative Service, Rajasthan Industries Service, Rajasthan Labour Welfare Service and Rajasthan Commercial Taxes Service was also declared on the same day vide list-B considering total posts to be filled numbering 202. The result for the subordinate Services of the State was declared on the same day i.e. 20.8.1980 vide list-C. The total number of posts for which the result was declared were 480. They pertain to Rajasthan Tehsildar Service, Rajasthan Labour Service, Rajasthan Cooperative Service, Rajasthan Excise Service, Rajasthan Industries Service. The petitioner's name figures in list-B at S. No. 202.

(3.) The contention of Samdariya, the learned Counsel appearing for the petitioner is that as the petitioner did not secure 50% marks, he is not entitled to be adjusted against the vacancies of RAS and RPS. Moreover, a Division Bench of this Court in State of Rajasthan v. Suraj Pd. Chaturvedi D.B. Special Appeal No. 149 of 1981, decided on 8.11.1985 has held that no reservation for handicapped persons is possible in RAS and, therefore, even on that account, the petitioner is not entitled to be adjusted against the vacancies of RAS. He has not applied for RAS. His preference does not contain selection for RPS. Thus, he can be adjusted against lists B and C. There are 202 post which were to be filled according to list-B published on 20.8.1980 pertaining to Rajasthan Accounts Service, Rajasthan Insurance Service, Rajasthan Cooperative Service, Rajasthan Industries Service, Rajasthan Labour and Welfare Service and Rajasthan Commercial Taxes Service.