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2023 Supreme(Raj) 1672

SUDESH BANSAL
Yogesh Kumar Saini – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Yogesh Kumar Saini, in person, for the Appellant; Mr. C.L. Saini, AAG, for the Respondent.

JUDGMENT

1. Heard the petitioner present in person as also Learned Additional Advocate General appeared on behalf of respondents and perused the material on record.

2. By way of instant writ petition filed under Article 226 of the Constitution of India, petitioner has led claim of his appointment on the post of Teacher Grade III Level I under LD/CP disabled category pursuant to advertisement No.01/2021-22 dated 31.12.2021.

3. Petitioner states that according to the disability certificate dated 13.01.2020 issued by the Department of Medical and Health, Government of Rajasthan (Ann-4), it stands proved that the petitioner suffers from Locomotor disability and in his diagnosis, his case is of amputation at right thumb, index and middle finger and it has been certified that the petitioner suffers from 41% permanent physical disability in his right hand. According to the petitioner, he posses the requisite educational qualifications and has secured 127 marks in Rajasthan Eligibility Examination for Teachers (REET) 2021; in the final selection list dated 02.05.2022 (Ann-9) for the post in question, the last cut-off marks under LD/CP disabled category is 125 marks, therefore, petitioner bein

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