1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: S.B. CIVIL WRIT PETITION No.1637/2005 Radheyshyam Suthar Vs. State of Rajasthan & Anr. Dated of Order : 11.03.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr. Sanjeev Johari,for the petitioner. Mr. Shyam Toshniwal, for Mr. N.M. Lodha, AAG for the State. Mr. Tarun Joshi, for RPSC. ***** By this writ petition, petitioner sought relief for grant of 3% reservation to the disable person. Learned counsel for the petitioner submits that while filling the post of Teacher Gr.III as advertised by the RPSC, 3% reservation to the physically handicapped persons was not provided. The petitioner has given figure regarding total posts filled as well as the reservation required to be provided after calculating the same on the total vacancies filled by the respondents. In that regard, it is stated 2 that total 33936 posts were filled and as per the provisions of the Rules of 2000, 1018 posts were required to be filled from and amongst disable persons but then, even as per the reply of the respondents, which otherwise was considered in a similar case, 952 posts have been filled from and amongst disable persons. The issue raised herein is otherwise decided in Writ Petition no.1257/2005 wherein not only the issue of 3% reservation in favour of the disable persons was considered but it was further considered that looking to the marks obtained by the petitioner, they do not come close to the cut off marks provided for disable persons. Herein, petitioner has obtained 100 marks being an OBC candidate and for OBC candidate, last candidate from disable quota given appointment had secured 114 marks. Therefore, looking to the difference of marks and existence of the candidates in between, the petitioner cannot be granted benefit of appointment, more so while deciding the writ petition referred to above. It was also noted that 3% quota for disable persons has already been filled to the satisfaction; rather excess appointments were given. 3 In view of the above, this writ petition is also dismissed on the ground as otherwise been noted and decided on 4.3.2008 in Writ Petition no.1257/2005. (MUNISHWAR NATH BHANDARI), J. Praveen