Bhagirath vs State Of Rajasthan
2021 Latest Caselaw 17910 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7610/2019

Bhagirath S/o Shri Dhanna Ram, Aged About 25 Years, Resident Of Jogo Ka Bas, Sihara, Panchayat Samiti Bap, District Jodhpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of School Education, Government Of Rajasthan, Jaipur.

2. Director, Elementary Education, Government Of Rajasthan, Bikaner.

                                                                   ----Respondents


For Petitioner(s)           :    Mr. Hapu Ram Vishnoi
For Respondent(s)           :


         HON'BLE MR. JUSTICE VIJAY BISHNOI
                 Judgment / Order
29/11/2021

This writ petition is filed by the petitioner with a prayer to

issue direction to the respondents to change his category into

General Reserves Locomotor Disability and to issue a further

direction to give him appointment on the post of Teacher Grade III

Level I in LD category.

The facts, which are not in dispute, are that the petitioner

being eligible for appointment on the post of Teacher Grade III

Level-I had applied pursuant to the advertisement dated

12.04.2018 (Annex-III) issued by the respondents inviting

applications for appointment on the aforesaid post.

Admittedly, the petitioner had applied as a general category

candidate and not in the reserved category pertaining to the

locomotor disability. The last date for submission of the

(2 of 2) [CW-7610/2019]

applications pursuant to the aforesaid advertisement was

30.04.2018.

The petitioner is claiming that after issuance of the merit list

pursuant to the above-referred advertisement, he did not find his

name in the merit list as he was lower in the same, but later on,

as there was some disability in the right lower limb of the

petitioner, he got himself examined and it was found that he is

suffering from 40% permanent physical disability. The competent

authorities have issued a certificate on 30.7.2018 certifying that

the petitioner is suffering from 40% permanent physical disability.

On the strength of the said certificate, the petitioner had

approached the respondents to change his category and to

provide him appointment in the category of physical disability,

however, the respondents have not paid any heed to the request

of the petitioner.

It is not in dispute that up to 30.04.2018, the last date of

submission of the applications pursuant to the aforesaid

advertisement, the petitioner was not in a possession of certificate

of 40% permanent disability.

In such circumstances, I do not find any merit in the claim of

the petitioner for consideration of his candidature on the vacancies

reserved for the candidates of permanent disability and for

appointment in the said category.

Hence, I do not find any merit this writ petition and the same

is hereby dismissed.

(VIJAY BISHNOI),J

1-mohit/-

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