RADHESHYAM MALI Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) The Zila Parishad, Bhilwara under a notification dated 2.4.2012 invited applications from eligible persons to be considered for appointment as Teacher Grade-III in accordance with the provisions of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as 'the Rules of 1996'). Out of total 205 vacancies advertised six posts were kept reserved for physically handicaps.

(2.) The grievance of the petitioner is that as per applicable roster for reservation at least 7 posts should have been allocated to the physically handicaps but the respondents kept only 6 posts reserved for such persons. Learned Single Bench, by judgment impugned dated 2.4.2014, dismissed the writ petition preferred by the petitioner by arriving at the conclusion that "no reservation can be provided beyond the quota prescribed in the rules and as per rules out of 205 candidates only 6 candidates can be can be provided appointment under the category of physically handicap and as per rules all the posts have already been filled in".

(3.) In appeal, the only argument advanced by Dr. (Mrs.) Nupur Bhati, learned counsel appearing on behalf of the appellant, is that according to the Rules of 1996 reservation is required to be given as per Rules and the reserved posts must be filled as per existing roster. It is submitted that as per existing applicable roster the vacancies arriving at the roster points No.1, 34 and 67 are to be filled in from the persons suffering from disability as defined under the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Act of 1995') and the rules framed thereunder. In the case in hand, being the first selection made by the Zila Parishad, Bhilwara the roster was operated from serial No.1, therefore, the vacancies at roster points No.1, 34, 67, 101, 134, 167 and 201 should have been filled in from among the persons suffering from the physical disability.