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2024 Supreme(Raj) 158

MANINDRA MOHAN SHRIVASTAVA, MUNNURI LAXMAN
State of Rajasthan – Appellant
Versus
Manish Chauhan S/o Shri Shyam Singh Chauhan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sandeep Shah, Akshiti Singhvi.
For the Respondents: Yashpal Khileree, Vinita.

ORDER :

1. Heard.

2. This appeal arises out of the order dated 9th January, 2023 passed by the learned Single Judge in the matter of dispute relating to entitlement of the respondent-writ petitioner to avail the benefit of reservation for especiallyabled person under the provisions of the Rights of Persons with Disabilities Act, 2016 (for short ‘the Act of 2016’) and the Rajasthan Rights of Persons with Disabilities Rules, 2018 (for short ‘the Rules of 2018’).

3. The relevant facts, unfolded from the record of the case and the order of the learned Single Judge and not in dispute, are that the respondent petitioner applied for the post of Assistant Professor (Mathematics), which was kept reserved for especiallyabled person in Hearing Impaired (HI) category, in response to the advertisement dated 18.12.2020. The writ petitioner successfully passed the examination and was kept in the merit list prepared by the Rajasthan Public Service Commission, which recommended the petitioner’s name for appointment against the single post reserved for speciallyabled HI category. The State, however

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