ORDER

This Writ Petition has been filed forbearing the second respondent from following communal rotation for the 5 posts of Lecturers in Computer Engineering reserved for persons with BenchMark Disabilities as notified under clause 4 (b) of the Notification No.14 / 2019 dated 27.11.2019 issued by the second respondent and consequently, directing the second respondent to fill up the 5 Posts reserved for persons with BenchMark Disabilities for the posts of Lecturers in Computer Engineering on merits based on marks secured by the candidates in the written exam conducted by the second respondent for the post of Lecturers in Computer Engineering pursuant to Notification No.14/2019, dated 27.11.2019 issued by the second respondent.

2. Heard the learned counsel for the petitioner, the learned Government Advocate for the first respondent and the learned Additional Advocate General for the second respondent and perused the materials available on record.

3. The petitioner had passed B.E.(Computer Science). He is a differently abled person suffering from Locomotor Disability and the percentage of disability is 50%. He belongs to BC category. He had applied for the posts of Lecturers in Government Polytechnic Colleges and Special Institutions (Engineering/Non-Engineering) for the year 2017-2018, as per the Notification No.14/2019, dated 27.11.2019. The total number of vacancies notified was 1060. Insofar as the Computer Engineering is concerned, the total vacancies notified are 135. Under Clause 4 of the Notification, for the persons with disability, 4% of the vacancies was reserved is as follows:-

“Category I : (a) Blindness and Low vision-1%

Reservation.

Category II: (b) Deaf and Hard of Hearing-1%

Reservation.

Category III : (c) Locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid victims, muscular dystrophy-1% Reservation.

Category IV : (d) Autism, intellectual disability, specific learning disability and mental illness and Multiple disabilities from amongst persons under Clauses (a) to (d)-1% Reservation.

Category-I GT-1 BC-1 Category-II GT (W)-1 Category-III MBC/DNC-1 Category-IV BC-1 Total=5”

4. The petitioner appeared for the written examination and he had secured 114 marks out of 190. As per the notification, blindness and low vision, cerebral palsy, muscular dystrophy, autism, intellectual disability, specific learning disability and mental illness and multiple disabilities from amongst persons under clauses 'a' to 'd' have been excluded from the list of categories of disabilities to be accommodated for the post of Lecturer. However, the second respondent failed to note the Annexure-I, Serial No.155 of G.O.Ms.No.20, dated 20.06.2018, issued notification dated 27.11.2019 setting out the categories of persons with disability for the 4% reservation for the vacancies in the posts of Lecturer for the persons suffering from benchmark disabilities. The disabilities which have not been recognized as eligible for the post of Lecturer as notified in Serial No.155, out of 135 posts available for the post of Lecturer in Computer Engineering, 4% of the 135 posts amounting to 5 vacancies are reserved for persons with benchmark disabilities. The petitioner suffers from Loco Motor disability (One leg) and as per the communal reservation set out in the notification for the 4% reservation for persons with disability, there is no vacancy notified for BC community under category III. If the vacancies for persons with disabilities are few in number, it is not practical to follow the communal rotation. Since the petitioner belong to BC category, he will not be selected for the post of Lecturer against 5 posts reserved for the persons with disabilities. However, the petitioner failed to challenge the notification and he had applied and undergone written examination. He had also scored 114 marks out of 190.

5. The second respondent filed counter and the learned Additional Advocate General appearing for the second respondent submitted that