HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 1436/2022

Ratanlal S/o Shri Kashi Ram Prajapat, Aged About 36 Years, R/o

Ward No. 15, Near Soni Nursing Home, Rajgarh, District Churu.

----Petitioner

Versus

1.

Rajasthan High Court, Jodhpur Through Registrar

General, Rajasthan High Court Building, Jodhpur.

2.

The Registrar Examination, Rajasthan High Court,

Jodhpur.

----Respondents

For Petitioner(s)

:

Mr. Amit Jindal

For Respondent(s)

:

Mr. A.K. Sharma, Sr. Adv. with

Mr. Vishnu Kant Sharma

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment

02/03/2022

Reportable

(Per Anoop Kumar Dhand, J)

The jurisdiction of this Court has been invoked by the

petitioner by filing this writ petition under Article 226 of the

Constitution of India with the following prayer:-

“It is, therefore, humbly prayed that this writ

petition of the petitioner may kindly be allowed and

accepted and by appropriate writ, order or direction;

(i) The respondents may kindly be directed to declare

separate cut off marks for the category of persons with

benchmark disability.

(ii) The respondents may further be directed to declare

revised result after declaring separating cut off marks

for the category of persons with benchmark disability

and they may further be directed to permit the

successful candidates of the category of persons with

benchmark disability to appear in main examination.

(2 of 10)

[CW-1436/2022]

(iii) Any other appropriate order, or direction which this

Hon’ble Court deem fit and proper in favour of the

appellant may also kindly be passed.”

Brief facts of this case are that an advertisement was issued

on 22.07.2021 by the respondents for appointment on the post of

Civil Judge Cadre. Total 89 posts were advertised for the year

2020, out of which 4 posts were reserved for the persons with

benchmark disabilities and 31 posts were advertised for the year

2021, out of which one post was reserved for this category of

specially-abled persons. The advertisement clearly disclose that

reservation qua persons with benchmark disability would be

horizontal i.e. on their selection qua categories i.e. Scheduled

Castes/ Scheduled Tribes/ Other Backward Class/ More Backward

Class/ Economic Weaker Section, they would be integrated

respectively in such category. The advertisement thus did not

conceptualize the specially-abled persons to be a

distinctly

different

category

from

those

of

General/Women/SC/ST/OBC/MBC/EWS and logically so according

to the enjoinment of horizontal reservation.

The scheme of selection envisages a preliminary examination

followed by main examination and interview. As per clause 15(1)

of the advertisement:- The competitive examination for the

recruitment to the post of Civil Judge shall be conducted in two

stages i.e. preliminary examination and main examination. The

marks obtained in the preliminary examination by the candidate

who are declared qualified for admission to the main examination

will not be counted for determining final merit. As per clause 15(2)

of the advertisement;- The number of candidates to be admitted

(3 of 10)

[CW-1436/2022]

to the main examination will be fifteen times the total number of

vacancies (Category-wise) but in the said range all those

candidates who secure the same percentage of marks on the last

cut-off will be admitted to the main examination.

In pursuance of the above advertisement, the petitioner

submitted his online application under the category of Other

Backward non-creamy layer with benchmark disabilities and he

participated in the preliminary examination conducted on

28.11.2021. The result of preliminary examination was declared

on 11.01.2022 with the cut-off marks of every category

mentioned in the advertisement, other than the specially-abled