Chattar Singh Rathore vs State Of Rajasthan
2022 Latest Caselaw 2391 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 18114/2021

Hemendra Kumari Chouhan D/o Shri Harish Chandra Singh Chouhan, Aged About 35 Years, Village Chella, Post Kherwara, Tehsil And District Dungarpur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

2. The Principal Secretary, Department Of School Education (Elementary), Secretariat, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Director, Elementary Education Rajasthan, Bikaner, Rajasthan.

4. The Secretary, Board Of Secondary Education Rajasthan, Ajmer, Rajasthan.

----Respondents Connected With S.B. Civil Writ Petition No. 7799/2020

1. Chattar Singh Rathore S/o Shri Keshar Singh Rathore, Aged About 41 Years, R/o Village And Post Raiki, Tehsil Aspur, District Dungarpur, Rajasthan.

2. Priyanka Nayak W/o Shri Kishor Padwal, Aged About 30 Years, R/o Village And Post Tanda Mangla, Tehsil Sajjangarh, District- Banswara, Rajasthan.

3. Nidhi Panwar D/o Shri Sita Ram Panwar, Aged About 28 Years, R/o Behind Kabir Temple, Banjara Basti, Nathelav Colony, District- Banswara, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Secretary, Panchayati Raj Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur.

2. The Principal Secretary, Department Of School Education (Elementary), Secretariat, Government Of Rajasthan, Jaipur, Rajasthan.

(2 of 4) [CW-18114/2021]

3. The Director, Elementary Education Rajasthan, Bikaner, Rajasthan.

4. The Secretary, Board Of Secondary Education Rajasthan, Ajmer, Rajasthan.

----Respondents

For Petitioner(s) : Dr. Nupur Bhati.

Mr. Vikram Singh Bhati.

For Respondent(s) : Mr. Pankaj Sharma, AAG

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

10/02/2022

These writ petitions have been filed by the petitioners, who

belong to Differently Abled Category having Locomotor disability

('LD').

Submissions have been made that in the Teachers Eligibility

Test-2015 & 2017, they were not accorded relaxation to the extent

of 20%, to which, they were entitled.

Submissions have also been made that the Division Bench in

National Federation of the Blind & Anr. v. State of Rajasthan &

Ors. : D.B. Civil Writ Petition No.4907/2019, decided on

22.07.2019 has held that the candidates suffering from physical

disability were entitled to 20% relaxation and that a Co-ordinate

Bench of this Court in Ranu Pandya & Ors. v. State of Rajasthan &

Ors. : S.B. Civil Writ Petition No.21060/2018, decided on

09.12.2021 (At Jaipur Bench), following the judgment in the case

of National Federation of the Blind (supra), has ordered grant of

benefit to the said candidates.

(3 of 4) [CW-18114/2021]

Submissions have been made that in case, the petitioners

are accorded the benefit of relaxation, they would fall within the

cut-off and are entitled to be granted appointment.

Learned Additional Advocate General made submissions that

all the petitioners, who belong to the reserve category, the cut-off

thereof was 40.67% and the petitioners have obtained marks

higher than the cut-off, however, submissions have been made

that the recruitment is long over, there are no vacant posts

available and that as the petitioners have not impleaded the

candidates appointed, having less marks than the petitioners, they

cannot be granted relief.

Learned counsel for the petitioners emphasized that the

circumstances of the present case are not different from that of

Ranu Pandya (supra) and as in the case of Ranu Pandya (supra),

relief has been granted, the petitioners are entitled for the same

relief.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

A Co-ordinate Bench of this Court in Ranu Pandya (supra)

relying on the ratio in the case of National Federation of the Blind

(supra), came to the following conclusion and directed as under :-

"In the abovementioned facts and circumstances, the State cannot now take a stand that the said ratio as laid down in the case of National Federation of the Blind (supra) would not be applicable for the other disabled people.

In view of the same, the present writ petition is allowed. The respondents are directed to revise the result of the petitioners after granting 20% concession. If after granting concession, the petitioners are found eligible, they may be directed to be issued appointment letters within a period of four weeks.

The petition stands allowed."

(4 of 4) [CW-18114/2021]

A perusal of the cause title of the decision in the case of

Ranu Pandya (supra) shows that there also none of the successful

candidate were impleaded as respondents.

In view thereof, as the issue raised in the present writ

petitions is squarely covered by the order in the case of Ranu

Pandya (supra), the petitions filed by the petitioners are allowed

with a similar direction as given in the case of Ranu Pandya

(supra).

(ARUN BHANSALI),J 45&46-Rmathur/-

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