NEHA SANKHLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, a candidate for the post of Civil Judge, impugns Note to Clause-7 of the guidelines contained in the advertisement dated 15.11.2018 which stipulates that candidates of SC/ST category should secure minimum 40% marks to qualify for the main written examination and the candidates of all other categories have to secure 45% marks in the preliminary examination.

(2.) The petitioner is a specially abled candidate, inasmuch as she has 40% visual impairment; she relies upon a certificate issued in this regard on 8.2.2012. The petitioner completed her graduation from Jai Narain Vyas University, Jodhpur and further acquired the law degree (LL.B.) in 2018. It is not in dispute that the petitioner fulfilled other eligibility stipulations and her application for participating in the selection process for filling up vacancies in the Rajasthan Judicial Service was accepted; an admit card was issued to her. The selection process comprises of a preliminary screening test, followed by the written (main) examination and lastly an interview. On 25.1.2019 the schedule of examination was issued and a preliminary examination was conducted on 31.3.2019. The petitioner, however, secured 39 marks and was declared "failed".

(3.) The petitioner contends that the marks secured by her were later recomputed pursuant to the order of the Supreme Court made with respect to the issues concerning re-evaluation on 31.7.2019 as a result of the directions in Rajasthan High Court, Jodhpur and ors. V/s Arti Meena and ors. Upon re-computation her marks were revised to 40. It is stated that several representations were addressed to the establishment of the High Court, especially (including those dated 20.7.2019, 24.7.2019 and 13.8.2019) asking for parity of persons with disability, who were candidates, with scheduled caste/scheduled tribe (SC/ST) candidates, for whom the minimum marks were 40%; however these representations went unheeded.