Reservations for physically handicapped candidates are horizontal reservations and do not mandate the preparation of a separate category with declared cut off marks.

ORDER :

Manindra Mohan Shrivastava, J.

1. By this common order, these petitions are being disposed off as the issue involved in these petitions is identical. As the question of law arising for consideration is based on similar facts, therefore, for convenience of reference, the facts stated in D.B. Civil Writ Petition No.9645/2023 are referred to.

2. In D.B. Civil Writ Petition No.9645/2023 filed under Article 226 of the Constitution of India, the petitioner has prayed for direction to declare the petitioner eligible and selected under Persons with Benchmark Disabilities (Deaf and Hard of Hearing) category for recruitment to the post of Junior Judicial Assistant for the establishment of Rajasthan High Court and Clerk Gr.II for Rajasthan State Judicial Academy and District Courts.

3. The petitioner seeks to adjudge his perceived omission on the part of the respondents to announce and declare separately the cut off marks for the physically handicapped candidates in the matter of recruitment to various posts for which recruitment was advertised vide advertisement dated 05.08.2022 published by the Rajasthan High Court.

4. Quint-essential facts relevant and necessary for adjudication of controversy involved in this present petition are that the respondents initiated process for recruitment to the post of Junior Judicial Assistant for the establishment of Rajasthan High Court, Clerk Gr. II of Rajasthan State Judicial Academy, Clerks in District Courts as also Clerks in Rajasthan State Legal Services Authority vide advertisement dated 05.08.2022. The recruitment provided reservation both vertically and horizontally for various categories. It also provided for horizontal reservation for persons with benchmark disabilities.

5. The petitioner also submitted his online application for the joint recruitment to the advertised posts under the category of OBC (NCL) and special category of Persons with Benchmark Disabilities (Deaf and Hard of Hearing). The petitioner appeared in the written examination held on 19.03.2023. Results of the aforesaid examination was declared on 01.05.2023, which disclosed that the petitioner had obtained 129.1499 marks. The petitioner was not in the list of candidates qualified for type-writing test on computer. No separate cut off marks for the candidates under the benchmark disabilities was published. Aggrieved by the aforesaid omission on the part of the respondents in not declaring the cut off marks for the category of candidates with benchmark disabilities, the petitioner filed this petition.

6. The submission of learned counsel for the petitioner is that the petitioner obtained 129.1499 marks, which is more than the qualifying marks of 120 prescribed by the respondents. As the respondents did not declare separate cut off marks for the OBC (NCL) category candidates with Benchmark Disabilities (Deaf and Hard of Hearing), the petitioner was illegally and wrongfully excluded from the process of selection. After completion of the process of selection at various stages which included type-writing test after the written examination conducted for short-listed candidates in various reserved category, result was declared on 11.06.2023 and none of the candidates with Benchmark Disabilities (Deaf and Hard of Hearing) category were selected.

7. It has been contended that had the respondents separately declared cut off marks and prepared separate category of Persons with Benchmark Disabilities (Deaf and Hard of Hearing) the petitioner and other candidates, who had secured more than minimum qualifying marks at the written examination would have become entitled for being considered on merit basis as the advertisement under Note (v) of Section (B) of Clause 15 clearly provided that Persons with Benchmark Disabilities shall be provided relaxation from the type-writing test on computer and they shall be awarded marks in computer test on the basis of average marks obtained by them in the written test with the option that if any such c