VERMA, J. - (1.) THE petitioner is an Orthopaedically handicapped person as Per Ex. 1. He is suffering from Kypnosis (deformed chest buldging out) as per certificate issued by Rehabilitation Research Centre, SMS Medical College Hospital, Jaipur. THE Rehabilitation Research Centre (here-in-after referred to RRC) has been established by the Medical College exclusively for handicapped persons. THE centre is headed by the Head of Department of Orthopaedic Department and is entitled to issue certificates. THE petitioner is a permanent visitor and he had been issued a permanent number. He is a permanent disabled. THE petitioner also belongs to OBC.
(2.) VIDE advertisement dated 24. . 1996, 103 vacancies of Gram Sevak Paden Sachiv were to be filled up by direct recruitment vide Ex. 4. The petitioner was one of the candidate for the said post. He was allowed to take written examination and was issued an admission card as well with Roll No. 5325 vide Ex. 5. He was declared successful on the merit list i. e. the general merit list vide Ex. 6 i. e. he had passed the test. His merit position was 219. On the equerry being made,the petitioner was informed that the appointments have already been made and, therefore, he cannot be considered for appointment. The petitioner made representations. The petitioner was informed vide Ex. 9 on 23. 12. 1998 that (i) his disability certificate cannot be considered for the reason that it is not signed by Orthopaedician of the Department; (ii) the certificate is not filled up in the form No. 4, if the disability certificate is dated 18. 9. 1984 which is prior to three years period. The petitioner vide Ex. 10 represented against Annex. 9 stating therein that the petitioner is in possession of all the certificates and that the certificate has been issued by the RRC, the centre meant only for Orthopaedically handicapped persons and has been signed by a doctor who is Orthopaedician and Head of Department. The petitioner had attached the certificate issued by the Department as was required under Rule 2 (C) of the Rajasthan Employment of Physically Handicapped Rules, 1976. It was also the case of the petitioner that all these certificates were also available with the employment exchange and he was sent by the Employment Exchange, therefore, he was entitled to be considered against such quota of reservation for handicapped persons. The petitioner was again informed on 4. 3. 1999 (Ex.-12) that his case cannot be considered i. e. in addition to Ex.-9, he was informed vide Ex. 12 that the decision of Annex. 9 remains intact. The petitioner submits that as per Rules of 1976, 3% posts are reserved for physically handicapped persons; one for blind, one for deaf and/or mute and one for Orthopaedically handicapped persons. The petitioner falls under the third category, it is the case of the petitioner that he could not be considered on general category; he should have been listed in the reserved list in the separate list, Rule 1 (ii) and 4 (1) (i) are reproduced as under:- `1 (iii) Notwithstanding anything contained in any service rules of orders for the time being in force regulating the recruitment and conditions of service of persons appointed to the various services or post in connection with the affairs of the State, physically handicapped person shall be eligible for recruitment and appointment to the earmarked and reserved posts in accordance with these rules. ' `4 (1) (i) For appointment to post in subordinate Ministerial and Class IV Services, 3% of the posts (1% for the Blind, 1% for the Deaf and/or Mute and 1% for the Orthopaedically handicapped persons) shall be reserved. ' The advertisement 1. 9. 1996 provided for reservations but some how the reservation for handicapped persons had been omitted in the advertisement even though in the later advertisement of 1999 in relation to handicappeds had been mentioned. The above- said rules of 1976 are statutory rules and do provide 3% reservation.
(3.) RULE 7 of the rules provides that certificate of the physically handicapped shall be obtained from the Medical officer not below the rank of a Reader in the concerned speciality where there is a Medical college; and a Junior Specialist in the concerned speciality of Chief Medical & Health Officer at places where there is no Medical College, which is reproduced as under:- ` (1) A certificate of the physically handicapped shall be obtained from the Medical Officer not below the rank of; (i) A reader in the concerned speciality where there is a Medical College; (ii) A junior Specialist in the concerned speciality or Chief Medical & Health Officer at place where there is not Medical College. ' It is not denied that the petitioner is a handicapped person. Nowhere in the advertisement, it was so mentioned that the medical disability certificate is to be issued on some prescribed form. The certificate in question was issued by the SMS Medical College by the rank of Professor/reader of the RRC. Reply has been filed on behalf of the respondent. The objection being taken is that the medical certificate is not in proforma and that it has not been issued by the department of Orthopaedics. The physically handicapped disease of the petitioner of the deformed chest is a permanent disease. The fact remains that after submission of the required form, the petitioner was allowed to appear in the examination and also was interviewed. ;