Sunil Ambwani, J. - (1.) This intra-court D.B. Civil Special Appeal is directed against a judgment of learned Single Judge dated 10th December, 2013, by which he dismissed the writ petition filed by the appellant-petitioner to quash a notice dated 2.12.2013 issued on the recommendation made by the Selection Committee in the meeting of the Syndicate of University of Rajasthan at Jaipur dated 2.12.2013, rejecting the appellant-petitioner's candidature for appointment on the post of Assistant Professor in the subject of "Accountancy and Business Statistics" (ABST), as a physically challenged candidate belonging to OBC category, and for a direction to give him appointment as a physically challenged person in the OBC category, for which the post was reserved.
(2.) Brief facts giving rise to this Special Appeal are that the University of Rajasthan issued an advertisement dated 1.11.2012 inviting applications for appointment on the posts of Professors, Associate Professors and Assistant Professors including 10 posts in the subject of ABST at serial no.16, for which one post of Professor was for general category (UR), 3 posts of Assistant Professors for SC category, 2 posts of Assistant Professors for ST category and 4 + 1 posts of Assistant Professors for OBC category. Out of these posts, one post of Assistant Professor with asterisk in OBC category was reserved for physically handicapped persons. Note-16 appended to the advertisement provided that "posts reserved for Physically challenged candidates can be shifted by the selection committee according to availability of suitable candidates without reducing the total number of seats reserved for this category".
(3.) The appellant belongs to Other Backward Classes (OBC) category and is physically challenged person with above 40% locomotive disability (Residual Polio Rt. Lower limb with weak HK Arms with Equins defor.) as certified in the Medical Certificate dated 21.10.2005 issued by Medical Board. The appellant secured first division in Secondary Examination of 1999, second division with 58.92% marks in Senior Secondary Examination of 2001 of the Board of Secondary Education, Rajasthan, Ajmer, second division with 50.10% marks in B.Com in the year 2004 and first division with 64.44 marks in Post-graduate Examination (M.Com.) from the University of Rajasthan, Jaipur. He also secured second division- with 53.7% marks in M.Com. EAFM in the year 2012 from the University of Rajasthan, Jaipur.;