YOGESH KUMAR SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the petitioner present in person as also Learned Additional Advocate General appeared on behalf of respondents and perused the material on record.

(2.) By way of instant writ petition filed under Article 226 of the Constitution of India, petitioner has led claim of his appointment on the post of Teacher Grade III Level I under LD/CP disabled category pursuant to advertisement No.01/2021-22 dtd. 31/12/2021.

(3.) Petitioner states that according to the disability certificate dtd. 13/1/2020 issued by the Department of Medical and Health, Government of Rajasthan (Ann-4), it stands proved that the petitioner suffers from Locomotor disability and in his diagnosis, his case is of amputation at right thumb, index and middle finger and it has been certified that the petitioner suffers from 41% permanent physical disability in his right hand. According to the petitioner, he posses the requisite educational qualifications and has secured 127 marks in Rajasthan Eligibility Examination for Teachers (REET) 2021; in the final selection list dtd. 2/5/2022 (Ann-9) for the post in question, the last cut-off marks under LD/CP disabled category is 125 marks, therefore, petitioner being higher in merit than last cut-off, is entitled for appointment. However, appointment to the petitioner has not been accorded by respondents. Petitioners states that respondents arbitrarily and illegally ousted the petitioner from the selection process at the stage of documents verification vide office order dtd. 13/5/2022 (Ann-10) issued by the Chief Executive Officer, Zila Parishad, Barmer stating that by Medical Board of respondents, the permanent disability of petitioner has been found 35% only, which is less than the required benchmark disability of 40%. Petitioner has challenged office order dtd. 13/5/2022 stating that the disability certificate of petitioner, issued by the Department of Medical and Health, Government of Rajasthan as per rules showing 41% permanent disability is valid and since petitioner has scored higher marks than the last cut-off marks in the category of LD/CP, not according appointment to petitioner in this category is violation of Article 14 and 16 of the Constitution of India.