CWP-7804/2007 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No.7804/2007 Girish Kumar Sharma Vs. Rajasthan Public Service Commission & anr. DATE OF ORDER : 06/09/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Petitioner in person. Mr. Ram Charan Lal Meena, Dy. Secretary (OIC) for respondent- Commission.. Petitioner submits that he submitted an application against the vacancies reserved for physically handicapped quota dt. 30/10/2006 for the post of Teacher Grade III in Primary and Upper Primary Schools in Panchayati Raj for which written examination was held in which he was declared successful and secured 103.33% marks but his candidature was considered in general male category and not against the physically handicapped quota only on the premise that the certificate submitted by him in regard to his physical disability dt. 13/03/2005 (Anx.1) discloses that it was a temporary disability for five years. Petitioner submits that in pursuance of order of the Court dt. 31/08/2009 he was directed to appear before the Superintendent, SMS Medical College and Hospital, Jaipur and it was further directed to constitute Medical Board for assessment of nature and the CWP-7804/2007 [2] disability of the petitioner and the opinion of the Medical Board be sent to the Registry of this Court. It has come on record that in pursuance to the order of this Court, the petitioner appeared before the Medical Board and and has been opined that his permanent physical impairment is 61.56%. A certificate dt. 05/10/2009 has also been issued in his favour showing the permanent disability. Petitioner submits that in view of the report submitted where his physical disability is more than 60%, he is entitled to be considered against the vacancies reserved for physically handicapped quota. In reply filed on behalf of respondent- Commission, it has been averred that the petitioner secured 103.33% marks which were less than the cut off marks i.e. 107.37% for general category and he was not considered against the physically handicapped quota on the premise that the certificate submitted by him discloses temporary disability having Progressive Muscular Dystrophy (Myopathy) for five years and taking note thereof, he was not considered to be eligible for appointment. To resolve this controversy, the Court vide order dt. 31/08/2009, directed the petitioner to appear before the Superintendent, SMS Hospital, Jaipur who was directed to constitute Medical Board for assessment of the nature and CWP-7804/2007 [3] extent of disability of the petitioner and forward report/opinion of the Board to the Registry of this Court. Copy of report of the Medical Board is on record which discloses 61.56% permanent disability and the certificate issued to the petitioner of permanent disability to the extent of 60%. Taking note thereof, the candidature of the petitioner was indisputably was required to be considered against the vacancies reserved for physically handicapped quota in terms of the advertisement issued by the respondents dt. 30/10/2006. Accordingly, the writ petition succeeds and is hereby allowed. The respondents are directed to consider candidature of the petitioner for appointment on the post of Teacher Grade III in Primary/Upper Primary School as per his eligibility and placement in the order of merit against the vacancies reserved for physically handicapped quota in accordance the policy of reservation which was invoked in terms of advertisement dt. 30/10/2006. The respondents are directed to ensure compliance of this order within two months. No costs. [AJAY RASTOGI], J. Raghu/p.3/ 7804-CW-2007-final.doc