JUDGMENT

Jyotsna Rewal Dua, J. - Whether the respondents could prescribe 60% as the upper limit of disability for determining the eligibility of physically handicapped candidates for the post of Assistant District Attorney reserved under the provisions of the Rights of Persons with Disabilities Act, 2016, is the main question raised in this writ petition.

2. Facts.

2(i) Under the Recruitment and Promotion Rules, the post of Assistant Public Prosecutor is to be filled up 100% by direct recruitment. The qualifications required for this post are :

"A. Essential qualifications:

i) Professional Degree in Law from a recognized University or its equivalent and

ii) At least two years experience as an advocate.

B. Desirable qualification(s):

Knowledge of customs, manners dialects of Himachal Pradesh suitability for appointment in the peculiar conditions prevailing in the Pradesh."

Column No. 16 of the R&P Rules provides for reservation for the post as under:

"16. Reservation: The appointment to the Service shall be subject to orders regarding reservation in the service for Scheduled Castes/Schedules Tribes/other Backward Classes/other categories of persons issued by the Himachal Pradesh Gov