Dismissed

Rakesh Kumar Ameta v. Rajasthan Staff Selection Board Jaipur

Rajasthan HC18 Jul 2024SAW/24/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Jodhpur allowed the Special Appeal and dismissed the appeal. The Court held that the appellant with locomotor disability could not claim a post reserved for hearing impairment candidates and that the Writ Court correctly refrained from interfering.

What did the court decide?

Special Appeal Writ No. 24/2024 dismissed; order dated 21st September, 2023 affirmed.

Rakesh Kumar Ameta Vs Rajasthan Staff… — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JD:29193-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 24/2024

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Rakesh Kumar Ameta S/o Jagdish Chandra Ameta, Aged About 29 Years, Utthen Kalan, Rayta, Begun, Chittorgarh Rajasthan.

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----Appellant

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Versus

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Rajasthan Staff Selection Board Jaipur, Through Secretary Rajasthan Staff Selection Board Jaipur, Agriculture Management Institution Campus, Durgapura, Jaipur 302018.

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----Respondent

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For Appellant(s) : Mr. Ripudaman Singh For Respondent(s) : --

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HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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18/07/2024

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Against the order dated 21^st September, 2023 passed in S.B. Civil Writ Petition No.16721/2021, this Special Appeal has been filed.

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The writ Court has held as under:-

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“9. Indisputably, the post in question was reserved for physically handicapped category candidates with hearing impairment, whereas, the petitioner is having locomotor disability. Since no suitable candidate in the notified category was available, the petitioner cannot claim his right of consideration simply because the post remained unfilled.

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So far as the judgment in the case of Mohammed Farhan (supra) is concerned, the facts and adjudication made therein clearly shows that the Court has given clear direction to consider such petitioner’s candidature if any seat remained unfilled in the previous recruitment i.e. in year 2013, as against this, in the present case, the petitioner is staking his claim in the unfilled seats for the present

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(2 of 3)

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[2024:RJ-JD:29193-DB]

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[SAW-24/2024]

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recruitment. The facts of the case are clearly distinguishable from the case at hands and hence, the judgment in the case of Mohammed Farhan (supra) does not help the cause of the petitioner.

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As per terms of the Advertisement and as per Rules applicable, in the event of non-availability of suitable candidate, the reservation is to be carried forward for next recruitment and it is only in the next recruitment, the post can be filled in by persons with other disability, in the post remains unfilled.”

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With reference to proviso to sub-section 2 to Section 34 of the Rights of Persons with Disabilities Act, 2016. Mr. Ripudaman Singh, the learned counsel for the appellant would submit that the candidature of the appellant was wrongly rejected and the writ Court also did not advert to the exception carved out under the proviso to sub-section 2.

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Section 34, which provides that one seat, each shall be reserved for persons with benchmark disability under clauses (a), (b) and (c) and one seat for the persons with benchmark disability

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under clauses (d) and (e), made as under:

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“(a) blindness and low vision;

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(b) deaf and hard of hearing;

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(d) autism, intellectual disability, specific learning disability and mental illness;

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(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:

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Provided that the reservation in promotion shall be in accordance with such instruction as are issued by the appropriate Government from time to time:

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Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment,

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(3 of 3)

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[2024:RJ-JD:29193-DB]

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[SAW-24/2024]

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by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.”

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Sub-section 2 provides that in any recruitment year, if any vacancy cannot be filled-up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year. There is no dispute that the appellant does not fall under the category of locomotor disability and, therefore, the provision under sub-section 2 which makes a provision for interchanging of the vacancies among the 5 categories cannot be applied in this case. In respect of proviso to sub-section 2, it would suffice to indicate that this is not a case where the nature of work in the establishment is such that the benefit under the Disability Act cannot be given to a person suffering from a particular disability. Moreover, there is no application of the exception under the proviso in case of the appellant.

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In our opinion, the learned writ Court has rightly declined to interfere in the matter.

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The present D.B. Special Appeal Writ No. 24/2024 is dismissed.

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(KULDEEP MATHUR),J

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(SHREE CHANDRASHEKHAR),J

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10-DivyaTak/neha/-

Rakesh Kumar Ameta v. Rajasthan Staff Selection Board Jaipur

Case brief

What is this about?

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Rakesh Kumar Ameta v. Rajasthan Staff Selection Board Jaipur

Case brief

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