ORDER :

1. I have heard Mr. Bindhyachal Singh, learned counsel appearing on behalf of the petitioner, Mr. Lalit Kishore, learned Senior Counsel, representing the Bihar Public Service Commission(hereinafter referred to as 'the Commission') and Mr. Sheo Shankar Prasad, learned Standing Counsel No. 8 for the State of Bihar.

2. The present writ application has been filed seeking direction to the respondents to appoint the petitioner on any suitable post after declaring his result under differently-able category by extending the benefit of reservation to persons suffering from 'multiple disability' as contemplated under Section 34 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as 'the Act'), based on the recruitment conducted by the Commission through 63 rd Combined Competitive Examination.

3. Before I notice the facts asserted in the writ application, it would be apt to notice relevant statutory provisions first, for proper appreciation of the issue, which the case involves. The Rights of Persons with Disabilities Act, 2016 has been enacted by the Parliament to give effect to the United Nations Convention on the Rights of Persons with disabilities and for matters connected therewith or incidental thereto. The Act has made special provisions for persons with benchmark disabilities under Chapter-VI. Section 34 of the Act provides for reservation for persons with benchmark disabilities in the matter of appointment to be made by every appropriate Government. Appropriate Government has been defined under Section 2(b) (ii) of the Act in relation to a State Government or any establishment, wholly or substantially financed by that Government, or a Cantonment Board, as the State Government.

4. Section 34 of the Act reads thus:-

"34. Reservation.-(1) Every appropriate Government shall appoint in every Government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent for persons with benchmark disabilities under clauses (d) and (e), namely:-

(a) blindness and low visiion;

(b) deaf and hard of hearing;

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attach victims and muscular dystrophy;

(d) autism, intellectual disability, specific learning disability and mental illness;

(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:

Provided that the reservation in promotion shall be in accordance with such instruction as are issued by the appropriate Government from time to time:

Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.

(2) Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:

Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the give categories with the prior