BALVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal seeks to challenge the judgment of learned Single Judge dated 07.07.2011 by which the writ petition filed by the appellant was dismissed.

(2.) The appellant in the writ petition challenged the action of the respondents in not providing reservation to the candidates belonging to physically disabled category with low vision for appointment on the post of Teacher Gr.II (Mathematics). Reliance was placed on the judgment of this Court in Arvind Kumar Joshi Vs. State of Rajasthan, RLW 2006 (4) Raj. 3149. The learned Single Judge however held that the aforesaid judgment does not apply to the case of the petitioner because the writ petition in that matter was seeking appointment on the post of Lecturer (Hindi) and benefit was ordered to be extended to him as the post of Lecturer (Hindi) was identified as one of the posts for appointment of blind and low-vision as per notification no.178 dated 30.06.2001 issued by the Government of India, as per mandate of Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and that was adopted by the State Government.

(3.) Mr. Deepak Sharma, learned counsel for appellant, submitted that the respondents provided an information to one Rahul Jain under the Right to Information Act, 2005, vide communication dated 20.12.2011, under the signature of the Deputy Secretary and CPIO, Ministry of Social Justice and Empowerment, Government of India, New Delhi. Along with the said communication, which answered the questions no.1 and 2 of Mr. Rahul Jain, he was sent a copy of the relevant pages of Notification published by the Ministry of Social Justice and Empowerment, at Serial No.241 for Group 'B' (Senior Master) and for Group 'C' at Serial No.71 and 73 (Secondary and Higher Secondary School Teacher) indicating the posts identified for the persons with disabilities (OH including CP and LC, VH and HH) in Group 'C'. The indicated designation at Serial No.71 is Higher Secondary and Secondary School Teacher for the subjects Arts, Social Science, Humanities, Music etc., and the indicated categories of disabled suitable for such jobs are those with one arm, one lag, one arm and one leg, both leg, blind, low vision.