Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Leela Kumari Sharma D/o Radhey Shyam Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Petition was filed some time in the year 2020. When grievance of the petitioners was for seeking appointment on the post of Teacher Gr.-III Level-I, against 117 vacant posts reserved for blind category (originally meant for general category), if otherwise they come into the merits, pursuant to the notification dated 12.04.2018. Since then, no interim protection of any kind is there in favour of the petitioners.
2. The facts in brief are that the respondents issued a Notification dated 12.04.2018, inviting applications for recruitment on the post of Teacher Gr.-III, Level-I. The petitioners, being eligible, submitted their application form for the same in general category.
2.1. Meanwhile, a writ petition being DBCWP No.4907/2019 was filed at Jaipur Bench with the prayer that blind candidates should be given a 20% relaxation/concession in qualification under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
2.2. Pursuant to the interim order dated 15.03.2019 passed in the said writ petition, respondents reserved 179 posts, from the general category, for blind candidates. On 08.07.2019, the respondents issued a revised c
The court held that candidates applying in the general category cannot claim reserved posts for blind candidates, as interchanging categories is not permissible under the reservation policy.
Blind candidates can compete for positions reserved for low vision candidates if they can perform the required duties, promoting inclusivity in employment.
Employment and Service matter - Post of Lecturer - Appointment of - Court direct Respondents shall consider case of petitioner, in terms of observations made hereinabove, for engagement/ appointment ....
Section 34(2) of the Rights of Persons with Disabilities Act, 2016 does not allow for interchange of vacancies among different categories of differently abled candidates when vacancies remain unfille....
Candidates participating in a selection process are estopped from challenging the selection criteria post-failure, especially when misrepresenting their qualifications.
The central legal point established in the judgment is the interpretation and application of Section 33 of the Persons with Disabilities Act, 1995, regarding the reservation of posts for physically c....
The court asserted that physical disability should not artificially restrict employment opportunities, emphasizing equitable treatment within recruitment guidelines.
Court upheld the prerogative of the appropriate government in reserving posts for disabled candidates as per the Act, asserting that judicial intervention in recruitment processes must be limited and....
The judgment affirms the mandatory reservation for persons with disabilities in aided schools, emphasizing compliance with legislative provisions and the management's responsibilities.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
