Persons with disabilities are entitled to horizontal reservation cutting across all categories, and the application of horizontal reservations must comply with Rule 11(4) of the Rights of Persons with Disabilities Rules, 2017 and the decision of the Supreme Court in Indra Sawhney.

JUDGMENT :

(Shri Vipin Sanghi, J.)

1. We have heard learned counsel for the petitioner as well as learned counsel for the respondent no.1. Though respondent no.2 has filed its counter affidavit, but none appears for the said respondent when the matter is called out. We proceed to dispose of this petition at this stage. The petitioner seeks the following reliefs in this writ petition:-

i. Issue a writ, order or direction in the nature of Certiorari, to quash and set aside the impugned advertisement dated 04.12.2021 issued by Respondent No.2 as it is violative of Rule 11(4) of the Rights of Persons with Disabilities Rules, 2017 (hereinafter referred to as RPD Rules 2017), and is also in contravention of settled position of law through various pronouncements of honourable apex court including and in addition to Indra Sawhney and Others vs Union of India and Others, Union of India & Another vs National Federation of The Blind & Others.

Or

Issue a writ, order or direction in the nature of Certiorari, to quash and set aside the impugned advertisement dated 04.12.2021 issued by respondent no.2 qua the disabled category.

ii. Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to for issuance of a fresh advertisement in accordance with the Rights of Persons with Disabilities Act, 2016, the Rights of Persons with Disabilities Rules, 2017, Indra Sawhney and Others vs Union of India and Others, Union of India & Another vs National Federation of The Blind & Others

Or

Issue a writ, order or direction in the nature of Mandamus, commanding the respondent no.2 to issue a corrigendum qua the disabled category with regard to the advertisement dated 04.12.2021.

iii. Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to maintain roster for persons with benchmark disability for Group A and Group B employees in accordance with the Rights of Persons with Disabilities Act, 2016, the Rights of Persons with Disabilities Rules, 2017, Indra Sawhney and Others vs Union of India and Others, Union of India & Another vs National Federation of The Blind & Others and other settled principle of law.

iv. To issue a writ, order or direction in the nature of Mandamus, commanding the respondents to keep one post vacant for petitioner no.1 for the post of Assistant Professor in Political Science and one post vacant for the petitioner no.2 for the post of Assistant Professor in History under the category of persons with disability during the pendency of the present petition.

v. To issue any other suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

2. The aforesaid reliefs have been sought in the background that on 04.12.2021, respondent no.2 i.e. the Uttarakhand Public Service Commission issued an advertisement bearing No.A-1/D.R/Degree/Service- 2/2021-22, dated 04.12.2021, wherein 455 vacancies for the post of Assistant Professors in Government College were declared. The last date for submission of On-line application form was 24.12.2021. The advertisement categorized the posts in various subjects for the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Economically Weaker Sections and Unreserved categories. Since we are concerned with the subjects of Political Science and History, we extract hereinbelow the relevant entries in the said tabulation (22)

3. The respondents also tabulated, within each reserved class and unreserved category, the break-up of the seats reserved within the class, inter alia, for the physically disabled category candidates. We extract herein-below the relevant extract from the said tabulation in relation to Political Science a