HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20535 of 2006 (O&M) Date of Decision: 23.08.2011 **** Nishan Singh . . . . Petitioner VS. State of Punjab & Ors. . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Kapil Kakkar, Advocate for the petitioner Mr. PC Goyal, Addl. AG Punjab ***** SURYA KANT, J. (ORAL) (1). The undisputed facts are that the petitioner is a physically challenged person. He applied for the post of Head Master seeking the benefit of reservation meant for the specially- challenged persons. (2). The petitioner’s overall merit is 61.88%. He has approached this Court alleging that persons lower in merit i.e. respondents No.3 & 4 have been given appointment violating his right guaranteed under Article 14 & 16 of the Constitution of India. (3). The respondents initially filed an affidavit dated 01.04.2008 averring that the petitioner’s case for appointment was under active consideration. (4). Subsequently, in their reply/affidavit dated 13.08.2008, the respondents took the plea that the petitioner is not cwp no.20535 of 2006.doc - 2 – entitled for appointment as all the six posts of Headmaster reserved for physically-challenged persons have been filled up by giving appointment to the candidates who are higher in merit in the said reserved category. (5). The short grievance of the petitioner is that the candidate at merit No.1 amongst the physically-challenged persons, namely, Rajesh Sachdeva has got 64.933% marks which are higher than the last candidate given appointment in the General category. The petitioner accordingly contends and rightly so that Rajesh Sachdeva is entitled to be treated as an Open category candidate and not under the reserved category of physically challenged persons and in this manner, he, being the next candidate in order of merit, is entitled for appointment. (6). The above-stated facts being not in dispute, the writ petition is allowed to the extent that for the purposes of appointment, Rajesh Sachdeva, who has got 64.933% marks shall be treated in the Open category if a candidate in the Open category with lesser marks has been given appointment. The resultant reserved vacancy meant for the physically-challenged category shall then be offered to the petitioner being the next candidate in order of merit in that category. cwp no.20535 of 2006.doc - 3 – (7). The needful shall be done within a period of one month from the date of receipt of a certified copy of this order. (8). However, the above-stated direction shall cause no prejudice to any Open category candidate or to Rajesh Sachdeva and for future appointments and/or for any other statutory privileges, he shall continue to be treated as a physically challenged person. (9). Ordered accordingly. Dasti. 23.08.2011 Vishal shonkar (S u r y a K a n t) Judge