NARESH KUMAR GUPTA Vs. HIGH COURT OF JUDICATURE

JUDGEMENT

(1.) Since the identical questions of fact and law have been raised in these writ petitions, they have been heard together and are being disposed of by this common order.

(2.) The petitioners, who have filed these writ petitions by way of public interest litigation claim themselves to be persons with disabilities. They appeared in the R.J.S. Recruitment Test 2003 held pursuant to the advertisement dated 4.8.2003 for filling up 89 vacancies calculated for the present year and 19 carried forward vacancies but no reservation for handicapped persons was proved. They seek declaration that the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short, "the Act of 1995") are applicable to the R.J.S. Rules 1955 and they are entitled to 3% reservation for persons with disabilities under the said Act and the Rules framed by the State Government thereunder. It is also prayed that directions be given to the RPSC for calling them for interview and to recommend their names for appointment to the RJS against the aforesaid quota of 3% provided in the Act and the Rules made thereunder.

(3.) The respondents have disputed their claim on the ground that there is no provision for reservation for persons with disabilities under the existing rules. Therefore, they are not entitled to such reservation, unless and until the rules providing for such reservation for handicapped persons are made.