Rajesh Balia, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner, who is orthopedic handicapped, had applied in pursuance of advertisement issued under the directions of Govt. of Rajasthan for recruitment to the post of Lab Boy. As per the advertisement 3 posts were kept reserved for handicapped persons. In pursuance of advertisement about 5,000 candidates had applied which included the petitioner also, whose names were forwarded through the Employment Exchange. He was also invited for interview. However, ultimately 58 persons were given appointment. Only one vacancy out of three reserved for handicapped candidates was filled from amongst the candidates applying for the post. As two posts of the handicapped persons were not fulfilled in terms of advertisement, the petitioner made representation for considering his case against the said reservation and demanded he be considered and appointed against the handicapped quota on the post of Lab Boy or a class IV servant. Not finding response, this petition has been filed with the following reliefs "(i) by an appropriate writ, order or direction in the nature of mandamus or certiorari, non- petitioners may be directed to select and appoint the petitioner on the post of Lab Boy in the scale II (Lab Assistant) in pay scale of 755-1025/- from the date when one post is fill up in handicapped category with all consequential benefits. (ii) that in the alternative, non-petitioners may kindly be directed to appoint the petitioner in any Government department on any post as per his eligibility with immediate effect."
(3.) The fact that the petitioner is a handicapped orthopedic, is not disputed by the respondents No. 1 to 3 in their reply submitted through Addl. Advocate General nor they have disputed further facts. However, they have stated in their reply about reservation aspect of the consideration that for physically handicapped persons, the Govt. has granted 3% reservation against roster points. According to the roster, if 100% are to be appointed then a blind person shall get priority at point 34. Thereafter, the number of priority comes to deaf or mute at point 67. The last post to be filled under this category comes at point 100.;