1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO. 2037 OF 2009 Raju Dhondiram Dhanwate & Petitioner. Versus Reserve Bank of India & Anr. & Respondents. ... Mr. Uday Prakash Warunjikar for Petitioner. Ms. K.R. Chandorana i/b Ms. Humranwala for Respondents. CORAM: D.K. DESHMUKH & R. G. KETKAR, JJ. DATED: 8th October, 2009 P.C. 1 By this petition, the petitioner is seeking a direction to consider his application for the post of Officer Grade-B pursuant to the advertisement No.1A/2009-10 issued by the Reserve Bank of India in the month of July, 2009, being visually handicapped person. For receipt of call-letter the condition was that the candidate must have Bachelors Degree in second class with minimum 50% marks or he should 2 have Post Graduation Degree and if there is Post Graduation Degree, there is no minimum percentage of marks. The Petitioner was not treated as eligible for the written examination as he did not have requisite percentage of marks. According to the learned counsel for the Petitioner, the reservation for visually handicapped person ought to have been provided independently and separately. Reservation on the basis of disability cannot be equated with reservation on the basis of caste. 2 In our opinion, the submission is not well founded. For the purpose of deciding the validity of the application, it was necessary to have a requisite qualification. The Petitioner being visually disabled, is entitled to protection. The Scheduled Castes and Scheduled Tribes candidates who are socially backward have been clubbed with the physically handicapped candidates for the purpose of prescribed minimum standard. In our opinion this cannot be termed as hostile discrimination. 3 3 The Second aspect that is to be considered is that the advertisement was published in the month of July, 2009. It was made clear in the said advertisement that educational qualification for visually impaired candidates is 50% marks at Bachelor Degree. The last date of submission of applications was 24th August, 2009. Therefore, in July, 2009 itself, it was clear that the petitioner having only 46.67% of marks in the Bachelor Examination is not entitled to apply. Therefore, it was for the Petitioner to file the petition immediately. The Petitioner has filed this Petition in October, 2009. We are informed that the written examinations are to be held on 11th October, 2009. In our opinion, in view of the above facts, this petition is liable to be rejected. Petition is disposed of accordingly. (D.K. DESHMUKH, J) (R.G. KETKAR, J)