Alok Sharma, J. - (1.) A challenge has been made to the order dated 13.12.2013 whereby the Rajasthan Public Service Commission (hereinafter 'the RPSC') has rejected the candidature of the petitioner (a physically handicapped person) on the post of a Nursing Tutor reserved for a physically handicapped person. The rejection was made in view of the fact that the petitioner suffering from Post Polio Paralysis of left upper limb with contractive of left wrist joint alongwith Paralysis of the left leg, was unsuitable for the post in issue which was identified for a person with only a disability in one leg.
(2.) THE petitioner completed her Bachelor of Science (Nursing) four year course in the year 2011 from the Rajasthan University of Health and Sciences. She then worked as a Nursing Tutor at the Institute of School of Nursing Shri Kalyan Arogya Sadan (hereinafter 'SKAS'), T.B. Hospital and Medical Research Center, Bajaj Gram, Sanwli District Sikar effective 1.10.2012. In response to an advertisement issued by the RPSC inviting applications for appointment to the post of Nursing Tutor, the petitioner applied under the quota for physically handicapped under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter 'the Act 1995'). She was issued an admission card for the screening test which she successfully cleared. She was thereafter called for the interview where her documents relevant to her appointment to the post of Nursing Tutor including those pertaining to her disability were verified by the respondents. The petitioner was then directed to produce fresh and more current disability certificate by 17.10.2013. Thereon the petitioner approached the Medical Board, obtained a fresh medical certificate on 24.10.2013 and submitted her disability certificate to the respondents.
(3.) IT has been submitted that while the petitioner was awaiting her appointment on the post of Nursing Tutor against the seat reserved for the physically handicapped, vide order dated 13.12.2013 her candidature was rejected stating that as she also suffered from Post Polio Paralysis of left upper limb with a contractive left wrist joint aside of disability in one leg, and was thus not entitled to be appointed on the post in the context of the job profile of the said post. It was stated that the post of Nursing Tutor had been identified for reservation under the Act of 1995, only for those suffering from disability of one leg alone and not for those with upper limb disability. Hence this writ petition.;