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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Pankaj Vasita S/o Shri Rakesh Vasita – Appellant
Versus
State Of Rajasthan – Respondent
Order :
1. Petitioner herein, an aspirant to become a Safai Karamchari, inter alia, seeks issuance of an appropriate writ, order, and/or direction commanding the respondents to consider his candidature for appointment to the post of Safai Karamchari under the reserve category of Physically Disabled Person (Handicapped) with all consequential benefits as given to his counterparts pursuant to advertisement No.1/2018.
2. Relevant facts first. On 13.04.2018, the respondents issued Advertisement No. 1/2018 for the recruitment of Safai Karamcharis in 184 municipalities across Rajasthan. As per the advertisement, a bona fide resident of Rajasthan with one year of experience was eligible. Reservations were provided for SC, ST, OBC, PwD, women, widows, and divorced women. Selection was to be made through a lottery system under the Rajasthan Nagar Palika (Safai Karamchari Seva) Niyam, 2012.
2.1. The petitioner, being eligible and a bona fide resident of Udaipur, applied under the Persons with Disabilities (PwD) category due to 90% hearing impairment and also under the Scheduled Caste (SC) category. Despite submitting his application under the PwD category, his name was erroneously recorded unde
The court affirmed the right of a disabled candidate to be appointed under the PwD category despite administrative errors, emphasizing the need for rectification of such mistakes.
Candidates cannot be penalized for not submitting documents not specified in the original advertisement, ensuring a fair and transparent selection process.
The court ruled that authorities must declare separate cut-off marks for physically handicapped candidates to ensure fair representation as per statutory mandates.
The court mandated that the competent authority must objectively consider the petitioner's candidature based on eligibility criteria, ensuring transparency in the selection process.
The Court emphasized that physically disabled individuals constitute a unique category entitled to equal treatment without further classification such as caste or religion, mandating adherence to mer....
Point of Law : As per Section 32 of the Act of 1995, the appropriate Government, which in this case is the State Government of Assam, is required to inter-alia identify posts in every establishment t....
The promptness of the petitioner in seeking correction of her category, along with the need to integrate persons with disabilities in the mainstream, influenced the court's decision.
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