IMPORTANT POINT
The court established that additional minor disabilities should not disqualify candidates with 40% or more disability in one leg from public employment, reinforcing the principles of equality and non-discrimination.

JUDGMENT :

Kuldeep Mathur, J.

1. The controversy following the recruitment drive initiated by the appellant-State came to be decided by learned Single Judge on different dates. Since common question of law and fact is involved in the present batch of special appeals, these are being heard together and decided by this common order and judgment. The following posts were advertised through different advertisements / corrigendum:-

‘Nurse Grade-II’ vide advertisements nos. uflZax@ulZ Js- n~fo-@,We ,Wu vkà Vh@¼lh/kh HkrhZ & 2018½@2018@30 and uflZax@ulZ Js- n~fo-@,We ,Wu vkà Vh@¼lh/kh HkrhZ & 2018½@2018@231 and 30.05.2018 for the TSP and Non-TSP areas respectively, wherein 6035 posts were advertised for the Non-TSP areas and 522 posts were advertised for the TSP areas. Later on, through corrigendum dated 26.07.2018, the number of posts for Non-TSP Ares were reduced to 5927.

'Women Health Worker' vide advertisement no. uflZax@eåLokådk;Zå@,We,WuvkÃVh@¼lh/kh HkrhZ & 2018½@2018@1363 dated 18.06.2018 for the Non-TSP area wherein 4965 posts were advertised for Non-TSP area.

2. For convenience, the facts from the lead case being D.B. Civil Special Appeal Writ No.241/2021 (State of Rajasthan and Ors. v. Anadu) are taken for consideration.

3. As per the aforesaid advertisements, 3% of the advertised posts were kept reserved for category of persons suffering from 40% or more disability in one leg (PH-OL). The respondents being eligible and desirous for appointment on the advertised posts submitted their application forms in the Office of Director Medical and Health Services, Government of Rajasthan, Jaipur. After following the procedure prescribed under the aforesaid advertisements, the appellant- State published the provisional merit/selection lists on 25.11.2019, 14.12.2019 and 08.01.2020. The grievance of the respondents was that the names of the respondents were not included in the provisional merit/select list, though the candidates who had secured less marks than them were included in the aforesaid lists. The respondents herein possess requisite qualifications for the advertised posts along with disabilities certificate(s) issued by competent authority of the State of Rajasthan indicating their respective disabilities.

4. Being aggrieved and dissatisfied with the acts and inaction of the appellant-State, the respondents approached the learned Single Bench of this Court with a prayer that the acts and inaction of the appellant-State in excluding their names from the provisional merit/selection lists without disclosing any reason may be declared bad in the eye of law. In the writ petitions filed on behalf of the respondents, it was stated that since they possess more marks than the persons who have been included in the provisional merit/select list, a direction may be issued to the appellant-State to include their names in the final merit/selection lists under their respective PH category (physically handicapped category).

5. The appellant- State by way of filing reply to the writ petitions preferred by the respondents tried to justify the action of not including the names of the respondents in the provisional merit/select list dated 14.12.2019. It was asserted in the reply that before publication of the provisional merit/select list dated 14.12.2019, the respondents were examined by the Medical Board at the time of document verification when it was found that the respondents not only have 40% or more disability in one leg but also have deformity in the other leg/ other body part, such as shortening or weaker muscle strength. It was stated that the after assessment of physical condition of the respondents, they were liable to be treated as having disability in ‘both legs’ and not only in ‘one leg’. The appellant-State, therefore, came to the conclusion that the respondents were not fulfilling the requisite terms and conditions with respect to eligibility mentioned in the advertisement for recruitment on the advertised posts.

6. The writ petitions w