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2021 Supreme(J&K) 249

SANJEEV KUMAR, PUNEET GUPTA
Karan Sharma – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Abhinav Sharma Sr. Advocate with Ms. Parkhi Parihar Advocate
For the Respondent:Mr.Aseem Sawhney AAG, Mr. A.V.Gupta Sr. Advocate with Mr. Adityya Gupta Advocate, Mr. F.A.Natnoo AAG, Mr. Vikas Magotra Advocate

JUDGMENT :

Sanjeev Kumar, J.

The petitioner, a Law Graduate of the year 2011 from Jammu University, claims to be a person with permanent disability (Locomotor disability) to the extent of 50%. He is aggrieved by the Notification issued by the Jammu and Kashmir Public Service Commission [PSC] bearing No. PSC/Exam/2013/111 dated 24.12.2013 for conducting Jammu and Kashmir Civil Service (Judicial) Competitive Examination, 2013 insofar as it

does not provide for any reservation for persons with disabilities in terms of Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1998 [ „the Act of 1998’]. The petitioner, therefore, claims that PSC should have considered him under open merit category against one of the total six posts and that the said post ought to have been earmarked for persons with disabilities under the Act of 1998.

2. This petition is vehemently contested by the respondents including respondent No.8 who is a candidate last in merit in the General Category.

3. Before we advert to the rival contentions raised

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