IMPORTANT POINT
The marks obtained at various stages of the selection process are not reflective of the final merit of a candidate, but considered for further participation in the next round.

ORDER :

Pushpendra Singh Bhati, J.

1. The instant writ petitions under Article 226 of the Constitution of India have been preferred, claiming the following reliefs:

CW No.8552/2023 (General Category and suffering Autism and multiple disabilities to the extent of 45%):

“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 Notice/Provisional Selection List (NON-TSP Area) dated 11.06.2023 (Annex.6) may kindly be quashed and set aside.

(B) By an appropriate writ, order or direction, the respondent may kindly be directed to consider the petitioner as qualified for Type Writing Test on Computer and he also may be exempted from the typing test.

(C) By an appropriate writ, order or direction, the respondent may kindly be directed to consider the petitioner as eligible for documents verification, while keeping one post vacate for the petitioner.

(D) By an appropriate writ, order or direction, the respondent may kindly be directed to amend and re-release the result of the petitioner (Annex.-7) while considering the petitioner as Qualified for Type Writing Test On Computer.

(E) 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.

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

CW No.8729/2023 [Economically Weaker Section (EWS) Category and suffering Disability (Deaf & Hard of hearing)]:

“It is, therefore, most humbly and respectfully prayed that this petition for writ in the nature of mandamus may kindly be allowed. By an appropriate writ, order and directions:

(i) The Notice dated 11.06.2023 (Anx.7) may kindly be quashed and set aside.

(ii) As the petitioner is physically handicapped person and is exempted from appearing in the Type Writing Test on Computer, the respondents may kindly be directed to award average marks in Type Writing Test on computer on the basis of the marks obtained by him in the written examination.

(iii) The respondent may kindly be directed to review the result and issue revised notice/result and declare the petitioner eligible for appointment on the post of Junior Judicial Assistant/Junior Assistant/Clerk Gr.II.

(iv) any other relief which this Hon’ble Court deems just and proper in favour of the petitioner, may kindly be granted and

(v) the cost of the writ petition be allowed in favour of the petitioner.”

2. Brief facts of the case, as revealed from the record, are that an advertisement had been issued on 19.03.2020, however the same came to be cancelled due to candidate impersonation and thus fresh advertisement was issued on 05.08.2022 by the respondents, and the exam came to be conducted on 13.03.2022 for direct recruitment on certain posts, namely, Junior Judicial Assistant under the establishment of the Hon’ble Rajasthan High Court; Junior Assistant under the Rajasthan State Legal Services Authority and District Legal Services Authorities (Taluka Legal Services Committees & Permanent Lok Adalats); and Clerk Grade-II under the Rajasthan State Judicial Academy and District Judiciary of Rajasthan, against the available vacancies.

3. In pursuance of the aforementioned advertisement, while petitioner-Jagdish Singh Rajpurohit (CW No.8552/2023) submitted the application form under the General Category in Autism & Multiple Disabilities Category, petitioner-Kapil Joshi (CW No.8729/2023) submitted the application form under the EWS Category with Deaf & Hard of Hearing disability.

4. Though both the petitioners, belong to different categories with different disabilities, as above, and revealed from their respective application forms, but for the purposes of the instant petitions pertaining to the recruitment in question, they claimed themselves to be the persons falling under the category of “Persons with Benchmark Disabilities”.

5. As discernible from the recor