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2019 Supreme(Raj) 2283

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
National Federation Of The Blind – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Shri S.K. Rungta-petitioner No. 2 present in person, Shri Jai Lodha, Adv., Shri Atishay Jain, Adv. and Shri Shivankur Shukla, Advocate, for the Appellant

JUDGMENT

1. Contention of Shri S.K. Rungta, petitioner No. 2 and General Secretary of National Federation of the Blind present in person is that clause 9(a) of the Guidelines for Conducting Teacher Eligibility Test (TET) issued by NCTE on 11.2.2011 while prescribing 60% of minimum marks for the qualification of TET exam, provided that the State may consider giving concessions to persons belonging to SC/ST, OBC, specially abled persons etc., in accordance with the extant reservation policy. The State Government by its order dated 23.3.2011 directed that 20% concession in minimum marks may be given to all the persons covered within the definition of "persons with disability" under clause (t) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Even then in the advertisement No. 1/2017 (Annexure-12) issued by the respondents for REET- 2017 of the Teacher Grade-III Level-I, no such relaxation was provided although reservation to the extent of 3% was provided for the Specially Abled Persons in clause 11.2(iii)(f) of the advertisement No. 1/2018 as per the provisions of Persons with Disabilities (Equal Opportunities, P

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