KULDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FOR the reasons stated in the application, the delay of 99 days in filing the accompanying appeal is condoned. The application thus stands disposed of.

(2.) THE instant appeal witnesses a challenge to the judgment and order dated 29.8.2013 passed in S.B. Civil Writ Petition No. 7482/2012 declining the appellant -writ -petitioner's claim for consideration of his candidature for the post of Pharmacist against the vacancy reserved for physically handicapped candidates.

(3.) BRIEFLY stated the relevant facts are that the Rajasthan Health Science University, Jaipur (for short, hereinafter referred to as "the respondent -University") issued advertisement dated 26.11.2011 initiating the process for appointment to 1010 posts of Pharmacist by direct recruitment under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short, hereafter referred to as "the Rules"). In terms of the said advertisement, 30 posts were reserved for physically handicapped candidates. This advertisement was amended twice thereafter increasing the number of posts to be filled. As per the amendment to Rule 19 of the Rules bonus marks in the eventualities as mentioned therein was also contemplated to contribute to the evaluation of the merit of the contending candidates. The appellant -writ -petitioner claiming himself to be eligible as per the terms of the advertisement, offered his candidature against the physically handicapped category and submitted his application on -line. He also submitted hard copy of the application alongwith the requisite documents with the respondent -University. Thereafter, he was issued roll No. 10713165 and he participated in the written examination held on 17.6.2012. In the results that followed he was shown to have secured 43.78 marks. However, though he was not called for counselling, one Anil Kharol, who had secured 43.25 marks was called for the purpose. In the final select list, the name of Anil Kharol did find place in the category of physically handicapped (other). Being aggrieved, the appellant -writ -petitioner turned to this Court.