ASHWANI KUMAR Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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SANJEEV KUMAR, J. -
(1.)Respondent No.2, in terms of its Notification No. 03 of 212 dated 28.12.2012, invited applications for various posts including 36 posts (Item No.201) of Jr. Physiotherapist borne on the Divisional cadre Jammu. The qualification prescribed was 10+2 with Diploma in Physiotherapy from any recognized Institute. Category-wise breakup of 36 posts as indicated in the Advertisement Notification aforesaid was in the following manner:
(2.)It was further indicated in the Advertisement Notification aforesaid that the physically challenged persons shall be entitled to 3% horizontal reservation in terms of Jammu and Kashmir Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1998 (hereinafter referred to as "Act of 1998?) read with Government Order No. 62 SW of 2001 dated 13.03.2001 and Government Order No. 231-SW of 2011 dated 22.12.2011.
(3.)The petitioner, a candidate belonging to the reserved category i.e. RBA and being otherwise possessing the requisite qualification, submitted his application to respondent No.2. He also claimed the benefit of horizontal reservation provided in favour of persons with disabilities. As per the disability certificate issued by the competent authority, the petitioner was suffering with disability of "hearing impairment? to the extent of 53%. Respondent No.2 conducted the selection by adopting a pre-notified criteria which provided as under:
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