JUDGEMENT
Anil Dev Singh, C.J. -
(1.) Since the identical questions of fact and law have been raised
in these writ petitions, they have been heard together and are being disposed of by this
common order.
(2.) The petitioners, who have filed these writ petitions by way of public interest litigation
claim themselves to be persons with disabilities. They appeared in the R.J.S. Recruitment
Test 2003 held pursuant to the advertisement dated 4.8.2003 for filling up 89 vacancies
calculated for the present year and 19 carried forward vacancies but no reservation for
handicapped persons was proved. They seek declaration that the provisions of Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in
short, "the Act of 1995") are applicable to the R.J.S. Rules 1955 and they are entitled to 3%
reservation for persons with disabilities under the said Act and the Rules framed by the State
Government thereunder. It is also prayed that directions be given to the RPSC for calling
them for interview and to recommend their names for appointment to the RJS against the
aforesaid quota of 3% provided in the Act and the Rules made thereunder.
(3.) The respondents have disputed their claim on the ground that there is no provision
for reservation for persons with disabilities under the existing rules. Therefore, they are not
entitled to such reservation, unless and until the rules providing for such reservation for
handicapped persons are made.;
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