GOSAI RAM Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) By way of this writ petition, the petitioner is seeking directions to the respondents to fill up two posts of Teacher Gr. Ill (Level-II) in subject-Sanskrit reserved for differently abled category-Blind & Hearing. Impair, which remained vacant on account of non-availability of the candidates, from amongst the candidates belonging to Locomotor Disability (LD)/Cerebral Palsy (CP) Category and further to appoint the petitioner against the said post inasmuch as, he stands in the merit.

(2.) The relevant facts in nutshell are that the respondent- Zila Parishad, Barmer issued an advertisement dated 24.2.12 inviting applications for appointment on the posts of Teacher Gr. Ill (Level-I and Level-II) in various subjects. The petitioner being eligible applied for appointment on the post of Teacher Gr. Ill in subject Sanskrit. Out of 238 posts in subject-Sanskrit, advertised as aforesaid, 7 posts were to be filled in from the candidates belonging to differently abled persons category. The petitioner suffering from i LD, applied for appointment to the post in the said category as OBC candidate. As per the roster applicable, out of 7 posts reserved for differently abled persons, 3 posts were to be filled in from Blind/Low Vision (LV) category, 2 from LD/CP category and 2 from amongst the Hearing Impairment category.

(3.) The respondent published a select list wherein 3 candidates belonging to LD/CP category, 1 amongst the Hearing Impairment category and 1 from Blind category were selected. Thus, 2 posts reserved for differently abled category remained vacant. The respondent issued the cut off list declaring cut off marks for LD/CP Category as 163.6 marks whereas, the petitioner had secured 161.32 marks.