IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4174 of 2009 Ashutosh Pandey Versus The State Of Bihar & Ors ----------- 02. 22.07.2011 Petitioner had applied for the post of Librarian against the vacancies in High Schools/Higher Secondary Schools in the District of Muzaffarpur in pursuance to the advertisement, inviting applications for filling the post of Librarian. Petitioner’s grievance is that though he belongs to reserve category of physically disabled persons and the State Government has come out with a resolution, reserving three per cent posts for disabled persons in appointment in Government Services under Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, but his candidature was not considered against the post reserved for physically disabled. Petitioner has got ophthalmic handicap and he was expecting his appointment against the post of Librarian in the reserved category of physically disabled. Counter Affidavit has been filed on behalf of the District Education Officer, Muzaffarpur stating that the applications were invited for the post of Librarian against the advertisement of Zila Parishad under 2 disability quota. There were altogether 99 posts of Librarian. Out of which 14 posts were marked for Municipal Corporation, Muzaffarpur (roster point 1-14), one post for Nagar Panchayat, Motipur (roster point 15), one post for Nagar Panchayat, Kanti (roster point 16) and 83 posts were marked for Zila Parishad, Muzaffarpur (roster point 17 to 99). The three percent reservation was provided to physically challenged persons, as such roster point 1, 34 and 67 were reserved for physically challenged / handicapped persons. Out of them, one percent post was for ophthalmic handicapped, one per cent for hearing disabled person and one per cent for the orthopedic challenged candidate. Petitioner had 54.99 per cent marks and another candidate as ophthalmic disabled Ajeet Kumar had 64.20 per cent marks. Ajeet Kumar having higher marks was selected in the category of fully disabled candidate. Considering the fact that the reserved disabled category candidate to which the petitioner belong, has been filed by another similarly situated person, having higher marks, there is no merit in this Writ Application. Accordingly, it is dismissed. SKM (Mridula Mishra, J.)