- (1.) The petitioner has sought a direction of this Court to the respondents to modify advertisement dated 26.11.2009 and addendum dated 21.12.2009 (Annexures P-1 and P-2 respectively) so as to increase the number of posts reserved under the disabled category from 5 to 6 in terms of Section 33 of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995 (for short ''the Act'') as well as to bifurcate 3% of posts reserved in the Physically Handicapped category equally amongst three categories of Physically Handicapped persons i.e. (i) Blindness or low vision; (ii) Hearing impairment and; (iii) Locomotor disability or cerebral palsy.
(2.) A counter affidavit has been filed on behalf of respondent No.2- Punjab Public Service Commission pointing out that 5 posts for the Physically Handicapped category have been advertised as per the requisition received from the Government i.e. one is for Punjab Civil Services (Executive Branch); one is for Tehsildar and; three are for Excise & Taxation Officers. 66 candidates have been short-listed against the 5 vacancies, as the marks of 2 candidates at Sr.Nos.65 & 66 were equal. It has been further pointed out that 12 candidates were found eligible under Hearing Impaired category out of which 5 candidates have been short-listed. It is also pointed out that bifurcation of the vacancies is for the concerned Department of the Government.
(3.) In an affidavit filed on behalf of the State Government, it has been pointed out that the vacancies falling at point 11, 40 & 71 were reserved for three categories of Physically Handicapped such as Blindness or low vision, Hearing impairment and Locomotor disability or cerebral palsy and that while calculating the reserved posts for handicapped persons only roster points of one establishment of the same department can be processed and not by clubbing cadre/posts of other departments.;