Arun Madan, J. - (1.) The facts as unfolded by this writ petition briefly stated are that the petitioner, who is an orthopaedically handicapped person after qualifying his Higher Secondary with Science as the subject has been registered with the Employment Exchange, Jaipur vide registration certificate dated 15.7.92 (Annexure-1). In May 1993, respondent No. 4 i.e. the District Education Officer Jhalawar published an advertisement for filling up five post of Lab. Assistants inviting applications from suitable candidates, who could be considered for being appointed on the post of Lab. Assistants.
(2.) The petitioner also applied for the said post. After screening the application of the petitioner, the petitioner was called for the interview in the office of respondent No. 4, Vide (letter dated 29.5.93) and he was interviewed on 7.6.93 vide (Annexure-2). Thereafter the petitioner was not given appointment on the post of Lab. Assistant but other candidates, who had successfully cleared the interview were appointed. On 25.3.94 the petitioner filed the instant writ petition in this Court and this Court vide it's Orders dated 30.3.94 while admitting the writ petition and issuing notices to the respondents by an interim order of the said date directed the respondents to keep reserved one post of Lab. Assistant in the category of Physically handicapped personnel pending the hearing and disposal of this writ petition.
(3.) During the course of hearing, learned counsel for the petitioner has placed reliance upon the Rule-4 (5) of the Rajasthan Employment of Physically Handicapped Rules 76 "for short the Rules 76", which provides inter-alia that : In the event of non-availability of candidates belonging to the particular category of physically handicapped persons or if the nature of vacancies in an office is such that a given category of physically handicapped person cannot he employed, inter-se exchange of post/vacancies shall be permissible.;