SURYA PRAKASH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, a disabled person (partially blind) has approached this court with the prayer to include the category of blind and partially blind persons in the Rajasthan Disabled persons Employment Rules 2000 (for short the Rules of 2000) and consequential change in the advertisement dated May 31, 2001 published on June 20, 2001 for appointment on the post of Lecturer College Education.

(2.) THE facts giving rise to this writ petition are that the petitioner passed his Graduation/Post Graduation in Political Science throughout with first division marks and merit position in the University and qualified thrice ''National Eligibility Test" for Lecturer and also qualified in the State Level Eligibility Test conducted by the RPSC. The petitioner also passed Junior Research felowship Examination conducted by the UGC and presently pursuing his further studies and other research work in the said subject. The petitioner is seriously aggrieved with the advertisement issued by the respondent RPSC on May 31, 2001 in which the RPSC included the reservation to physically handicapped category confined only to two categories i.e. Physical Disability in one leg and physical disability in both legs and ignored the other categories of physically handicapped based as per the Schedule I of the Rules of 2000. The petitioner served a notice for demand of justice to the respondents and also to the Commissioner Disabilities Social Welfare Department Government of Rajasthan on June 26, 2001. The Commissioner Disabilities by his letter dated July 10, 2001 conveyed to the petitioner that they are making efforts for providing benefit of reservation to blind persons for appointment on the post of Lecturer. The petitioner averred that there is no rational or reason in confining reservation only to disabled persons having disability only in legs while ignoring the other persons who are disabled by way of blindness, partially blind, deaf and dumb. The petition further averred that the Parliament enacted the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act 1995 (for short the Act No. 1 of 1996). Section 2(b) of the Act No. 1 of 1996 defines ''blindness ''. Section 33 of the said Act provides 3% reservation of posts in every establishment for the persons suffering from (i) blindness (ii) hearing impairment and (iii) locomotors disability or cerebral palsy. The petitioner averred that reservation has been prescribed for the disabled persons and there cannot be any discrimination as has been done by the respondents while advertising posts for appointment to the post of Lecturer in College Education.

(3.) THE respondent No.1 in the reply pleaded that a blind person cannot deliver the same services as a man of two eyes. The | vacancies for the post of Lecturer in different subjects were advertised in accordance With the existing rules and the petitioner cannot have any grievance against the said Advertisement. In view of the position of the rules prevailing today the petitioner is not eligible for appointment on the post of Lecturer. The reservation for blind person is a policy matter and it may take time in deciding the same. The provision for giving reservation to disabled persons having disability in legs cannot be said to be unjustified the respondents averred that the rules of 2000 are not discriminatory and the disabled persons by legs and by eyes do not stand on the same footing, therefore the rules are not Violative of Article 14 and 16 of the Constitution of India. It is further averred that the matter is under process and the action shall be taken after the decision is taken by the state Government in this regard.