Point of Law: Rules of 2011 exempt any Government establishment from filling up vacancy by appointing persons suffering from benchmark disabilities.

ORDER :

By way of filing present writ petition, the petitioner has prayed for following reliefs:-

“It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed: -

A) By an appropriate writ order or direction, the respondents may kindly be directed to keep the post at roster point no.1 reserved for persons suffering from blindness/low vision in accordance with the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 and Rajasthan Persons with Disabilities (Equal Opportunities, Protection of Right & Full Participation) Rules 2011 for the subject Sanskrit in pursuance of the advertisement dated 12.01.2015 (Annex.4)

B) By an appropriate writ, order or direction, the respondents may kindly be directed to apply reservation applicable to persons with disabilities in accordance with Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 and Rajasthan Persons with Disabilities (Equal Opportunities, Protection of Right & Full Participation) Rules 2011 upon the selection process initiated vide advertisement dated 12.01.2015.

C) By an appropriate writ, order or direction, the respondents may kindly be directed to afford the petitioner appointment on the post of college lecturer subject Sanskrit, if he falls in merit with all consequential benefits.

D) Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

E) Writ petition filed by the petitioner may kindly be allowed with costs.”

2. Briefly stated facts of the case are that the petitioner who suffers from physical disability of complete blindness, after putting hard labour, obtained requisite qualifications for appointment on the post of Lecturer (Sanskrit). The petitioner on the basis of the educational qualifications possessed by him, applied for appointment on the post of Lecturer (Sanskrit) pursuant to advertisement bearing No.07/2014-15 dated 12.01.2015, issued by the Rajasthan Public Service Commission, Ajmer. The case set up by the petitioner in the present writ petition is that as per Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 and Rule 36 and 37 of the Rajasthan Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2011 (hereinafter referred to as ‘Rules of 2011’), 3% reservation is to be extended to physically challenged persons. Out of which, 1% each shall be reserved for persons with (i) blindness or low vision; (ii) hearing impairment; and (iii) locomotor disability or cerebral palsy. The respondents however, did not reserve any post for the persons suffering from blindness or low vision out of the total 67 posts advertised on 12.01.2015 for recruitment against the post of Lecturer (Sanskrit). Though, one post each for BLA (Both legs, Arm) and OL (One Leg) was reserved. Being aggrieved by denial of reservation for category of persons belonging to blindness/low vision, the present writ petition has been filed.

3. Learned counsel for the petitioner vehemently submitted that a bare look at the advertisement dated 12.01.2015 shows that out of 67 available vacancies advertised for the post of Lecturer (Sanskrit), two posts were kept reserved for specially abled persons. According to learned counsel, both the seats were reserved for the candidates belonging to locomotor disability without disclosing as to why one seat for candidates suffering from blindness/low vision had not been reserved. According to learned counsel, denial of reservation for the category of blindness/low vision is in violation of Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 and Rule 36 and 37 of the Rajasthan Persons with Disabilities (Equal O