IMPORTANT POINT
The absence of earmarked posts for a specific disability category negates any claim for appointment under the physically handicapped quota.

JUDGMENT :

1. The present writ petition has been filed for issuance of direction upon the respondents to issue appointment letter to the petitioner for the post of Trained Graduate Teacher in the subject “Panchpargania” for Ranchi district under physically handicapped quota with respect to Combined Graduate Trained Teacher Competitive Examination- 2016 conducted by the Jharkhand Staff Selection Commission pursuant to Advertisement no.21 of 2016.

2. Learned counsel for the petitioner submits that the petitioner is aggrieved with non-consideration of his candidature by the respondent-Jharkhand Staff Selection Commission (JSSC) under physically handicapped quota, infringing such right guaranteed under law.

3. Mr. Sanjoy Piprawall, learned counsel appearing on behalf of the respondent-JSSC argues that the petitioner submitted his online application before the JSSC for consideration of his candidature for appointment on the post of Trained Graduate Teacher for the subject “Panchpargania” for Ranchi district under EBC-1 category. He also claimed the benefit of reservation under physically handicapped quota (cerebral palsy), as would be evident from the copy of his online application, annexed as Annexure-B to the counter affidavit.

4. It is further submitted that Advertisement no.21 of 2016 was published in terms with the requisition of the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand for appointment of Trained Graduate Teacher in several subjects in scheduled and nonscheduled districts. Ranchi is under scheduled district, as would be evident from the relevant Clause of the said advertisement.

5. It is further submitted that at the time of issuance of the said advertisement, the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 was in force. In terms with Section 33 of the said Act, the Government has to appoint in every establishment such percentage of vacancies not less than three percent for persons or class of persons with disability of which one percent each shall be reserved for persons suffering from;

(i) Blindness or low vision;

(ii) Hearing impairment; and

(iii) Locomotor Disability or Cerebral Palsy.

6. Learned counsel for the respondent-JSSC further submits that the State Government vide circular dated 7th November, 2007 also fixed roster point for extending the benefit of reservation to physically handicapped candidates on horizontal basis in the following manner:-

7. It is also submitted that in the said advertisement, for the subject “Panchpargania” under Ranchi district, one post each was earmarked for physically handicapped quota under blindness/low vision i.e. one post for direct recruitment candidates and one post for the candidates under Primary Teacher category and no post was earmarked for the candidates suffering from Locomotor Disability or Cerebral Palsy. Out of seven posts which were advertised for the subject “Panchpargania” for Ranchi district under direct recruitment, only one post was reserved for EBC-1 category, as would be evident from Clause 2 of the said advertisement. There were two posts advertised for Saraikella-Kharsawan district under direct recruitment for the subject “Panchpargania” i.e. one post each for unreserved category and scheduled tribe category, out of which one post was reserved for physically handicapped quota under blindness/low vision. No post was advertised under physically handicapped quota for the candidates suffering from Locomotor disability or Cerebral Palsy in the subject “Panchpargania” for Ranchi district. Therefore, the benefit of horizontal reservation under physically handicapped quota (Cerebral Palsy) under EBC-1 for the subject “Panchpargania” was not extended to the petitioner.

8. It is further submitted that in district-wise