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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
SHUBHAM AGGARWAL – Appellant
Versus
RAJASTHAN STAFF SELECTION BOARD – Respondent
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,
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 affirmed the importance of valid disability certificates and the necessity of adhering to established benchmarks for disability in employment decisions.
Compliance with specific advertisement requirements is necessary to claim benefits under reserved categories.
The court directed the accommodation of a candidate with disability in recruitment despite not meeting the cut-off due to higher marks of others, emphasizing the need for fair consideration in light ....
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.
Horizontal reservations for persons with disabilities allow candidates to be assessed based on their qualifications, irrespective of vertical category cut-offs.
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