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.

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 cut-off, mentioning that no eligible candidates were available in the blind category. However, they reiterated the reservation of 179 posts for the blind category per the interim order.

2.3. Subsequently, vide judgment dated 22.07.2019 passed in the said writ petition, the Division Bench directed the respondents to provide a 20% concession in qualification to blind candidates in all recruitments as per the 1995 Act including the Teacher Gr.-III recruitment.

2.4. After passing of the said judgment, the respondents issued an order dated 11.03.2020 appointing 62 blind candidates to the post of Teacher Gr.-III, Level-I. Despite the appointment of 62 candidates, 117 posts out of 179 reserved posts for the blind category remain vacant, which originally belonged to the general category.

2.5. Since no more eligible blind candidates are available, the 117 posts remain unfilled, therefore, petitioners approached the respondent authorities, requesting that these vacant posts be filled with eligible general category candidates, but to no avail.

Hence, this petition.

3. When called out for hearing, none appears for the petitioners. It seems that by sheer passage of time, the nature of relief sought by the petitioners is rendered stale and meaningless and/or otherwise they seem to have acquiesced to their fait accompli. That is why perhaps, there is no representation on their behalf.

4. In response to the petition, reply has been filed on behalf of the respondents and in para 1 to 3 thereof, following unequivocal stand has been taken:-

“1. That answering respondent department has issued recruitment for the post of Teacher Grade-III Level-I on 12.04.2018 in TSP and Non-TSP area. Wherein, petitioners have applied for the post of Teacher Grade-III Level-I in Non-TSP area. It is admitted position that petitioners have filled their online application form as general category candidates (open category). Through the advertisement dated 12.04.2018, total 343 posts were advertised / recruited for blind category candidates and only 152 applications forms were received in the said category. Thereafter, 161 posts were lying vacant at that relevant point of time as no application in the blind category candidates were received by the answering respondent department. subsequent thereto, Division Bench of this Hon’ble Court has passed an order dated 22.07.2019 in the case of National Blind Federation vs. State of Raj. & Orsf. (DBCWP No.4907/2019). Wherein, Division Bench of this Hon’ble Court has directed / granted 20% relaxation in REET Examination to blind category candidates. Meaning thereby, the blind category candidates who is having more than 40% in their REET Examination would be entitled to participate in the recruitment of Teacher Grade-III Level-I of the year 2018 in accordance