J.B. Pardiwala, J. - (1.) By this writ application under Article 226 of the Constitution of India, the petitioner, a disabled person, has prayed for the following reliefs: - - "(a) to direct the respondent Nos. 1 and 2 to give appointment to the petitioner as Assistant Professor of Physiology as a candidate of reserved category of Physically Handicapped persons pursuant to Advertisements dated 9 -9 -2014 and 23 -9 -2014 at Annexures C and D; (b) to hold and declare and direct that the respondents, their agents and servants are duty bound to implement the reservation for Physically Handicapped persons in the recruitment of Assistant Professors of Physiology pursuant to Advertisements dated 9 -9 -2014 and 23 -9 -2014 at Annexures C and D to the extent of minimum 3% as mandated by the persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and as interpreted by the Hon'ble Supreme Court in Union of India v/s. National Federation of the Blind, : 2013 (10) SCC 772 by reserving the point Nos. 1, 34 and 67 for Physically Handicapped candidates in the 100 point roster register; (c) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to direct the respondent Nos. 1 and 2 to give appointment to the petitioner as Assistant Professor of Physiology as a candidate of reserved category of Physically Handicapped persons pursuant to the Advertisements dated 9 -9 -2014 and 23 -9 -2014 at Annexures C and D, subject to further orders that may be passed in this petition; (d) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED TO direct the respondent Nos. 1 and 2 to keep one post of Assistant Professor in Physiology vacant for the petitioner while making any appointments pursuant to Advertisements dated 9 -9 -2014 and 23 -9 -2014 at Annexures C and D; (e) to give all consequential and incidental benefits and monetary benefits to the petitioner with interest at the rate of eighteen per cent per annum; (f) to grant any other appropriate and just relief/s; (g) to quash and set aside the impugned GR. dated 3 -8 -2011 issued by the General Administration Department, Govt. of Gujarat, insofar as and to the extent that it provides for Roster Point Nos. 34, 68 and 100, instead of Roster Point Nos. 1, 34 and 67 for the persons with disabilities in the 100 Point Roster. (h) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay the further operation of the G.R. dated 3 -8 -2011 issued by the General Administration Department, Govt. of Gujarat, insofar as and to the extent that it provides for Roster Point Nos. 34, 68 and 100, instead of Roster Point Nos. 1, 34 and 67 for the persons with disabilities in the 100 Point Roster, and direct the respondents to operate Point Nos. 1, 34 and 67 for persons with disabilities while implementing the 100 Point Roster in the matter of appointments of Assistant Professors in the Medical Colleges under the respondents and in filling up the vacancies notified by Advertisements dated 9 -9 -2014 and 23 -9 -2014 as per Annexures - C and D of the petition." The case of the petitioner may be summarized as under:
(2.) The petitioner is a person with disability (Physically Handicapped Person) with 55% permanent impairment in relation to his right leg.
(3.) He passed the M.B.B.S. in the year 2007 and thereafter did M.D. (Physiology) in the year 2014. It is his case that having regard to the qualifications he possesses he is eligible for being appointed as the Assistant Professor in the subject of Physiology in the Medical Colleges functioning under the respondents.;