The court emphasized the mandatory identification and reservation of posts for disabled persons, periodic review, and horizontal reservation as mandated by the Jammu and Kashmir Persons with Disabilities Act, 1998.

1. The Jammu and Kashmir Public Service Commission invited applications for filling up of 124 posts in eight different services by a notification dated December 28, 2001. Subsequently, by notification dated November 27, 2002, the number of posts was raised to 138. The notifications mentioned that two posts have been reserved for disabled persons. The appellant made a representation that, having regard to the number of posts to be filled up, the number of posts reserved for disabled persons should be more. The said representation was not addressed to. The appellant is a disabled person, for, she has locomotor disability. She responded to the advertisement and sought to be considered for the posts reserved for disabled persons. She was, accordingly, considered and, having regard to what has been stated in the judgment and order under appeal, she was adjudged fourth best amongst disabled candidates. The appellant having thus been adjudged was not accommodated in the two posts reserved for disabled persons and, hence, she filed the writ petition. The writ petition having been dismissed, the present appeal has been preferred.

2. On the basis of the papers and records produced before us there is now no dispute that the person who was adjudged best amongst disabled persons was, in fact, not a disabled person and, accordingly, he was not considered in the category of disabled persons. Accordingly, the second and third candidates, adjudged amongst disabled persons, have been accommodated in the advertised two posts reserved for disabled persons. In the event a third post is available. It is the contention of the appellant she should be accommodated in such post.

3. We have made an endeavour to ascertain whether, in fact, a third post was available or not and will discuss it hereinafter, but before doing so, we must highlight that the manner in which steps have been taken to fill up posts reserved for disabled persons, the State has given a go-by to the law made by it, namely, the Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998, which came into force on May 19, 1998.

4. In this connection, one must note sections 21 and 22 of the Act, which are set out below:

"21. Identification of posts which can be reserved for persons with disabilities.

The Government shall.

(a) identify posts, in the establishments which can be reserved for the persons with disabilities;

(b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the development in technology.

22. Reservation of posts.

The Government shall appoint in every establishment such percentage of vacancies not more than three percent for persons or class of persons with disabilities of which one percent, each shall be reserved for persons suffering from.

(i) blindness or low vision;

(ii) hearing impairment;

(iii) locomotor disability or cerebral palsy, in the posts identified for each disabilities;

Provided that the Government may, having regard to the type of work carried on in any department or establishment, by notification, subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this Section."

5. A look at sections 21 and 22 of the Act would amply make it clear that, unless the State Government exempts any establishment from the provisions of section 22 of the Act, it is mandatory upon the Government to appoint in every establishment disabled persons and, for that matter, to identify the posts where disabled persons can be accommodated. Periodical review for identifying the posts, where disabled persons can be accommodated, is also a mandate of law. The law, at the same time, mandates that such review should be made at intervals not exceeding three years.

6. The records show that a number of establishments of the State have identified posts in which displaced persons ca