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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL
Ankit Kumar Sharma, S/o Shri Girraj Prasad Sharma – Appellant
Versus
State Of Rajasthan, Through Principal Secretary, Energy Department, Govt. Of Rajasthan – Respondent
Order :
(SUDESH BANSAL, J.)
1. Though, the writ petition has been listed on the second stay application, however, with the consent of counsel for both parties, instant writ petition has been heard finally on merits.
2. Instant writ petition has been filed jointly by six petitioners on 08.04.2024 raising a grievance for not including the other category of physically disabled person except the category of Hard of Hearing (HH), to extend the horizontal reservation against 57 vacancies of Technical Helper-III advertised by the Jaipur Vidyut Vitran Nigam Limited dated 04.02.2022.
3. At the outset, it is noteworthy that as per Para No. 7 of the writ petition, it is an admitted case of petitioners that selection process for the post of Technical Helper-III pursuant to the advertisement dated 04.02.2022 has completed on 28.02.2023 and the appointment to the selected candidates have also been accorded by the JVVNL. Thereafter, petitioner filed instant writ petition on 08.04.2024 i.e. after expiry of more than a year.
4. During the course of arguments, counsel for petitioners admits that the benefit of reservation for candidates of PWBD has been confined by the respondent to only Hard of Hearing
Candidates participating in a selection process are estopped from challenging the selection criteria post-failure, especially when misrepresenting their qualifications.
The main legal point established is that the petitioner's disability must align with the category for which there is reservation in the selection process, and the exemption of the present selection p....
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 court ruled that authorities must declare separate cut-off marks for physically handicapped candidates to ensure fair representation as per statutory mandates.
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