The court mandated that the competent authority must objectively consider the petitioner's candidature based on eligibility criteria, ensuring transparency in the selection process.

Order :

1. The petitioner herein, inter alia, seeks issuance of an appropriate writ, order and/or direction commanding the respondents to select the petitioner for the post of Junior Accountant and Tehsildar Revenue Accountant pursuant to the advertisement dated 20.06.2023 (Annexure-5).

2. The Rajasthan Staff Selection Board (RSSB) issued an advertisement on 20.06.2023 for the posts of Junior Accountant and Tehsildar Revenue Accountant. The petitioner, eligible under the especially-abled category (locomotive disability/cerebral palsy in one arm and one leg), applied for the same. The petitioner participated in the exam and scored 404.9139 marks. His score is higher than the LD/CP category cut-off of i.e. 325.7993.

2.2. On 12.09.2024, the RSSB issued an order for document verification, which the petitioner attended on 20.09.2024. After verification, the petitioner underwent a medical test at SMS Hospital, Jaipur, where it was noted that he had a disability in one arm and two legs, and was told he would be disqualified. However, no written communication regarding this disqualification was provided. On 17.12.2024, the RSSB declared the results, but the petitioner’s name was not included, despite his score exceeding the LD/CP category cut-off of i.e. 355.5800. The petitioner was informed that his name would appear in a provisional list, but it was not included in the list published later. On 09.01.2025, the final list was issued, but again, the petitioner’s name was absent. Hence, this petition.

3. In the aforesaid backdrop, I have heard learned counsel for the petitioner and perused the case file.

4. Learned counsel for the petitioner argues that Clause 13(d) of the advertisement clearly states that candidates with 40% disability are eligible for reservation under the physically handicapped/disabled category. The petitioner, who holds a 45% permanent disability certificate issued by a competent medical officer, has not had his candidature considered. As a meritorious candidate, his candidature should have been considered.

5. In view of the aforesaid, the competent authority to take an administrative decision on the candidature of petitioner objectively, within a period of 30 days from the date of receipt of web-print of this order, instead of keeping the same pending without conveying any reasons, either way.

6. Till then, subject to the verification that the petitioner has secured more marks than the last selected candidate, as has been narrated hereinabove, one post in the category he applied, shall be kept vacant subject of course to the availability of the same as on today.

7. It is made clear that the direction to consider the representation shall not be construed as an expression of any opinion, in any manner.

8. Disposed of accordingly.

9. Pending application(s), if any, also stand(s) disposed of.