CHAND MAL BAIRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition, under Article 226 of the Constitution of INdia, the petitioners, five in number, are praying for grant of following relief. " (i) issue a writ, order or direction in the nature thereof held that amended provisions of Rule 4 of amended Rules, 2002 limiting 3% reservation quota on horizontal basis is bad in law and ultra vires to the provisions of Section 33 of the Act of 1995 and it be further declared that the petitioners and similarly situated disabled candidates are entitled to get 3% quota in the same manner as other reservations being provided; (ii) issue a writ, order or direction in the nature thereof thereby quash the merit list prepared by RPSC and direct the respondents to again prepare the fresh merit list after considering the aforesaid roster for disabled candidates and also prepare a separate merit list for disabled candidates; (iii) any other order or direction which the Hon'ble Court deems fit and proper be also passed and cost be awarded. "

(2.) THE petitioners have made the challenge to Rule 4 of the amended Rajasthan Disabled Persons Employment Rules as amended in 2002, on the ground that it is ultra vires of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

(3.) REGISTRY is directed to tag this writ petition with D. B. Civil Writ Petition No. 578/2005 (Def. ) .