Rajasthan High Court Jodhpur vs Neetu Harsh

2. The appellants herein were the respondent Nos. 2 and 3 in the writ petition bearing DBCWP No.692 of 2017 which was considered and disposed of by the High Court of Judicature for Rajasthan at Jodhpur. Through the order dated 04.05.2017 the writ petition was allowed and the appellants herein were directed to consider the candidature of the private respondent herein for Page 1 of 23 appointment on the post of Civil Judge­cum­Judicial Magistrate in the Civil Judge Cadre against the two vacancies reserved for disabled candidates in the Rajasthan Judicial Service Examination, 2016 and provide appointment as per merit of said category, if she is otherwise eligible. The said order and direction of the High Court is assailed herein primarily on the contention that the private respondent herein had not applied against the vacancies advertised for the physically challenged category but had applied as a General Category candidate and as per the merit list she was not entitled to be appointed as there were more meritorious candidates in the General Category and the appointment having been made, the process has been completed.

3. The brief facts are that the appellants herein had issued a Notification calling for applications for recruitment to the post of Civil Judge­cum­Judicial Magistrate in the Civil Judge Cadre for 72 posts. Among the same, two posts were kept reserved for persons with disabilities. The private respondent herein had Page 2 of 23 responded to the said Notification but filed the application indicating her category as “General” and in the column provided for indication of the claim under the Differently Abled Category had mentioned “No”. Hence, for all purposes private respondent herein was considered as a General category candidate and had accordingly appeared for the preliminary examination. On being declared successful she had appeared for the main examination and thereafter in the interview also as General category candidate without reliance being placed on the disability certificate. The result was declared on 15.11.2016. In the said list the marks obtained by all the candidates were disclosed. The petitioner had obtained 136 marks and she was placed at Serial No.137. As against the two vacancies for the differently abled persons, one of the applicants who had obtained 138 marks was at Serial No.57. It is subsequent thereto the private respondent made a representation dated 28.11.2016 with a request to consider her candidature under the category for Differently Abled persons as visually impaired and to provide the appointment. The Page 3 of 23 said representation being taken note, the private respondent was informed that her candidature under the category of Differently Abled persons cannot be accepted. It is in that view the private respondent claiming to be aggrieved filed the writ petition seeking direction for consideration of her request. While seeking consideration under the Differently Abled category the claim is that the private respondent is having 80% disability as indicated in the certificate dated 05.07.2010 issued by the competent doctor.

Provided that the total number of posts reserved for all such categories in a direct recruitment shall not exceed 50% of the total vacancies.”

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19. Accordingly, the appeal is allowed with no order as to costs. All pending applications stand disposed of.