IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2319 of 2007 MANJU KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2. 02.07.2008 Heard learned counsel for the petitioner and the State. The petitioner was an applicant for the post of Panchayat teacher under an advertisement published in pursuance of the statutory Rules framed as Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. It is her case that 3% of the vacancies were reserved for physically handicapped persons in the woman category having disability of more than 40%. The petitioner suffers from 55% disability. Despite the same, her candidature has been ignored and appointment denied. Counsel for the State submits that the total vacancies were 20. 50% of the vacancies were reserved for men and 50% for women. Out of these, a total of 3% were reserved for physically handicapped, which makes the vacancy of only one. That one person had been appointed against this single available vacancy for physically handicapped person, but, subsequently having discovered that he possessed disability of less than 40%, his appointment has been terminated. That there were other handicapped persons having higher marks than the petitioner. Learned counsel for the State draws attention of the Court to the panel at Annexure-A to the counter affidavit of Respondent no. 7. This Court finds it difficult to accept the submission of the - 2 - Respondents of only one seat being available from the total number of vacancies for the physically handicapped category, which would include both men and women. A bare reading of Rule 5 which deals with reservation provides that 50% of the vacancies had to be reserved for men and 50% for women from the total number of vacancies, only whereafter the reservation roster would start running for each category. The Rule further provides that in each category 3% of the vacancies shall be reserved for physically handicapped. . This Court, therefore, finds substance in the submission of the petitioner that of the 50% vacancies for woman 3% of the same would go to the physically handicapped category. The petitioner was the only woman candidate in the physically handicapped category. The correctness of this submission is apparent from the panel placed on record by the Respondents, where there is no other woman candidate in the physically handicapped category. The writ application is, therefore, disposed with direction to the Respondents to consider the case of the petitioner for appointment in light of the discussions as aforesaid in the physically handicapped women category and take a decision upon the same within a maximum period of three months from the date of receipt and/or production of a copy of this order. AKS/ (Navin Sinha, J.)