The main legal point established is that the petitioner's disability must align with the category for which there is reservation in the selection process, and the exemption of the present selection process from the rigors of the Government Resolution dated 09.06.2023.

ORDER :

1. Heard learned advocate Mr.Parth B. Thummar on behalf of the petitioner, learned advocate Mr.Premal Joshi on behalf of respondent no.1 – Selection Board and learned Assistant Government Pleader Mr.Sahil Trivedi appearing for the respondent – State.

2. By way of this petition, the petitioner has sought for grant of following reliefs:-

“(A) Be pleased to issue directions to respondent no.1 to consider petitioner as a person with benchmark disability in category C (One Arm One Length) instead of category C (Both Legs) and further be pleased to direct respondent no.1 to consider petitioner as duly qualified in Final Selection List dated 11.08.2023 (Annx P/8);

or alternatively

(B) Be pleased to quash the decision conveyed by Deputy Secretary of respondent no.2 vide letter dated 26.07.2023 to Secretary of respondent no.1 bearing No. SJED/Mis/e-file/17/2023/2320/CHH-1 (Annexure-P/5) and further be pleased to direct respondent no.1 to consider petitioner as duly qualified in Final Selection List dated 11.08.2023 (Annx P/8);

(C) Pending admission, hearing and final disposal, be pleased to stay the decision conveyed by Deputy Secretary of respondent no.2 vide letter dated 26.07.2023 to Secretary of respondent no.1 bearing No. SJED/Mis/e-file/17/2023/2320/CHH-1 (Annexure-P/5) and be pleased to direct respondent no.1 to allow petitioner to proceed with further selection process;

(C1) Pending admission, hearing and final disposal, be pleased to direct respondent no.1 to keep one seat vacant for petitioner.

(C2) Pending admission, hearing and final disposal, be pleased to direct respondent no.1 to keep one seat vacant for petitioner in case after allotment of district to candidates in Final Selection List (Annexure-P/8) vacancy arises.

(D) Be pleased to grant ex-parte ad-interim relief in terms of para 9(C) of this petition;

(E) Costs of this petition be awarded.

(F) Such further and other relief, order or direction which may be just, fit, proper and equitable in the facts and circumstances of the petition.”

3. The case of the present petitioner being that the respondent had advertised for selection to the post of Talati-cum-Mantri (Class-III) vide advertisement No.10/2021-22 on 27.01.2022 and whereas, though the petitioner’s name had appeared in the provisional merit list after the selection process, in the final merit list the name of the petitioner did not appear which prompted the petitioner to file the present petition.

3.1. It is the case of the petitioner that the petitioner had applied for appearing in the selection process in the category of persons with benchmark disability and whereas, the petitioner has ‘BL – both legs affected but not arms’ type of disability. It is the case of the petitioner that while the advertisement inter alia did not mention about the disability of the petitioner as being eligible for reservation in the selection process, yet, the petitioner had applied through a different category and whereas, the petitioner is now relying upon a resolution dated 09.06.2023 issued by the State Government whereby, the State Government had inter alia set out that a person having disability of BA i.e. both arms and BL i.e. both legs, would be entitled to reservation in the selection process including selection processes which were ongoing.

3.2. Learned advocate would submit that since the State Government has come out with a policy whereby even in ongoing selection processes persons with disabilities like the petitioner would be entitled for reservation, therefore, the case of the petitioner should be considered by the respondents for selection.

4. As against the same, the present petition is vehemently being opposed by learned advocate Mr. Premal Joshi on behalf of respondent no.1 – Selection Board, more particularly, submitting that while the petitioner had in his online application mentioned his disability as OA-OL i.e. one arm and one leg category for the purpose of being eligible for reservation in the person with disabili