- (1.) COMMON prayer of the petitioners in all these three writ petitions is as under - (i) Directions be issued to the respondents to provide reservation to the disabled persons in the medical services. (ii) The Rajasthan Public Service Commission (respondent No. 3) be directed to provide the benefit of reservation to the disabled persons in the examination of Medical officers/ Dental Surgeons, held in pursuance of advertisement No. 1 /99 -2000 dated May 4, 2000.
(2.) TO understand the controversy facts of writ petition No. 3568/2000 need be noticed. The petitioner passed her MBBS Examination in the year 1996 and at present she is posted as a Medical Officer in village Peepulu District Tonk. The petitioner is a physically handicapped person. The Rajasthan Public Service Commission (in short the RPSC) issued an advertisement in October 1999 inviting applications for the post of Medical Officer/Dental Surgeons. The last date for submitting application forms was June 10,1999. In para 7 of the Notification issued by the RPSC it was clearly mentioned that disabled candidates had to deposit Rs. 10/ - along with application form and in case of general candidate the fees required to be deposited was Rs. 50/ -. The petitioner submitted application form for the post of Medical officer stating therein that she was applying under the category of disabled person. She appeared in the written examination and was declared successful in the category of Handicapped Women. On July 22, 2000 she was called for interview. Despite the efforts made by the petitioner to persuade the authorities for making provisions to provide reservation for the disabled persons in the medical services no action was taken, although Section 33 of the Persons with Disabilities (Equal Opportunities) Protection of Rights and Full Participation Act, 1995 (Act No. 1 of 1996) (for short 'the Act No. 1 of 1996) provides reservation of 3% posts in every establishment. According to the petitioner the action for not providing reservation to the disabled person in Medical Services is highly arbitrary, unjust and against the principles enshrined in Articles 14 and 16 of the Constitution of India. The respondents 1 and 2 pleaded in the written statement that the Act No. 1 of 1996 was made applicable by the Government of Rajasthan vide Notification dated September 22, 2000 and Rules under Article 309 have been framed vide Notification dated September 22, 2000, whereas the selection process for the post of Medical officers was completed by the RPSC by July 2000 i.e. much before the date of framing of the Rules. Under these circumstances the petitioners have no cause of action and writ petitions deserve to be dismissed.
(3.) THE respondent No. 3 RPSC in its reply stated that before issuance of Notification dated Sept, 22, 2000 Rajasthan Physically Handicapped Rules, 1976 were applicable to handicapped persons according to which 3% posts were kept reserved only in Ministerial and Class IV Services. The RPSC was responsible for recruitment as per the directions issued by the State Government. The RPSC had no role in providing reservation of seats for any category including that of physically handicapped persons.;