PUSHPENDRA SINGH BHATI,J. - (1.) These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clauses are being taken from the leading case being S.B. Civil Writ Petition No. 11382/2017.
(2.) Petitioner has preferred this writ petition with the following prayer:- "1. By an appropriate writ order or direction, any order denying the candidature of the petitioner for his selection and appointment on the post of Teacher Grade III (Level-II) Urdu against the available of PH B.L. and PH H.I. in pursuance of the advertisement year, 2013 may kindly be quashed and set aside. 2. by an appropriate writ order or directions, the respondents may kindly be directed to consider the candidature of the petitioner for the post of Teacher Grade III (Level-II) Urdu against the category of PH B.L. and PH H.I. as per his merit status on account of non-availability of the candidates in the Zila Parishad Jodhpur in pursuance of the advertisement year, 2013. 3. By an appropriate writ order or directions, the respondents may kindly be directed to permit the petitioner in the further selection process while consider his candidature against the available post of PH B.L and PH H.I. for the post of Teacher Grade-III (Level-II) Urdu in pursuance of the advertisement year, 2013. 4. By an appropriate writ order or direction, the respondents may kindly be directed to afford the petitioner appointment on the post of Teacher Grade-III (Level-II) Urdu in his respective category against the available two posts of PH B.L. and PH H.I. with all consequential benefits in pursuance of the advertisement year 2013 if otherwise she stands in merit. 5. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(3.) Learned counsel for the petitioner has stated that the Petitioners are qualified persons having the B.Ed. degree for being appointed as a Teacher Grade-III. The petitioner belongs to Physical Handicap Category and admittedly have participated in the Teacher Grade-III recruitment arising out of the advertisement of year 2013 whereby the combined competitive examination was held. As per the Act of Equal Opportunities, Protection of Rights and Full Participation 1995, the relevant portions dealing with the proposition of applying the reservation for the persons with the disabilities and carrying them forward are Section 33 and Section 36, which read as follows:- Section 33 - Reservation of posts.-Every appropriate Government shall appoint in every establishment such percentage of vacancies less than three per cent for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from- (i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy, in the posts identified for each disability: Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section. Section 36 - Vacancies filled up to be carried forward.-Where in any recruitment year any vacancy under section 33 cannot be filled up due to nonavailability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with disability is available, it may first be filled by interchange among the three categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.;