- (1.) HEARD on admission.
(2.) THIS intra -Court appeal is directed against the order dated 20.08.2015 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's S.B. Civil Writ Petition No. 11071/2014 with cost of Rs. 50,000/ -, to be paid to respondent No. 1 for having been unnecessarily drawn into litigation. On 02.05.2013, the appellant -Rajasthan Public Service Commission (hereinafter 'the RPSC') published an advertisement for appointment of 173 Programmers under the Rajasthan Computer State and Subordinate Service Rules, 1992. Reservation of the posts was also made for the persons with disabilities, as contemplated under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short, 'the Act of 1995'). General instructions in the advertisement said that reservation on posts for the persons with disabilities would be as provided under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2011 (hereinafter 'the Rules, 2011'). As per the instructions, candidates with physical disability were required to submit a certificate of disability above 40%, issued by the authorised Medical Officer of the State of Rajasthan in the prescribed format.
(3.) RESPONDENT No. 1 applied for the post and was provisionally allowed to participate in the selection process. Respondent No. 1 being resident of New Delhi and suffering with disability, applied for disability certificate under the statutory rules, which has been granted by a competent medical authority of New Delhi. In the result declared on 10.03.2014, he was placed at merit No. 182. The RPSC took note of the fact that respondent No. 1 had submitted a certificate of his disability above 40%, issued by the Medical Superintendent, Sanjay Gandhi Memorial Hospital, Mangol Puri, Delhi. The RPSC, therefore, vide letter dated 14.07.2014, called upon respondent No. 1 to furnish a certificate of disability as per instruction i.e. from a Medical Board of a hospital in the State of Rajasthan.;