OMA RAM Vs. JAIPUR VIDYUT VITRAN NIGAM LIMITED

JUDGEMENT

(1.) This writ petition has been filed by the petitioners seeking directions to the respondents to consider the candidature of the petitioners for the purpose of appointment to the post of Technical Helper in the Physically Handicapped category under the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred as 'the Act'), and Rajasthan Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2011 (hereinafter referred as 'the Rules'), and by according the benefit of 3% reservation under the Rules of 2011.

(2.) The respondents issued Advertisement No. JVVNL/Karmik/ Rectt/01/2018-19 for recruitment of Technical Helpers. In the advertisement, no posts were reserved for the physically challenged persons.

(3.) Learned counsel for the petitioners, made submissions that in terms of the provisions of the Act and the Rules, the respondents were bound to provide for 3% reservation for Physically Challenged Persons and the action on their part in not providing for any reservation in this regard is contrary to the provisions and spirit of the Act and the Rules and, therefore, the respondents be directed to operate the quota and grant appointment to the petitioners under that said quota.