Pushpendra Singh Bhati, J. - (1.) Learned counsel for the parties agree that the matter is squarely covered by the judgment passed by this Court in Dildar Khan v. The State of RajasthanOrs. (S.B. Civil Writ Petition No. 1047/2018, decided on 26.02.2018). The said judgment reads as under :- 1. The petitioner has preferred this writ petition claiming the following reliefs: "(i). The respondents may kindly be directed to consider the candidature of the petitioner for appointment on the post of Teacher Grade-III Level-II (Urdu) in Locomotor category. (ii) . The respondents may kindly be directed to provide the appointment to the petitioner on the post of Teacher Grade-III Level-II (Urdu) as per his merit in Locomotor category. (iii) Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
(2.) Learned counsel for the parties agree that the matter is squarely covered by the judgment passed by this Court in Mohammed Farhan v. State of RajasthanOrs. (S.B. Civil Writ Petition No. 11382/2017), decided on 08.01.2018, the relevant portion of the judgment reads as under :- "11. Thus, the basic dispute regarding the recruitment of Teacher Grade-III is operating the benefit of physically handicap quota under Section 33 and deciding the consequence of a person of the stated disability being not available in the recruitment process. 12. After hearing counsel for the parties and perusing the record of the case, this Court is of the opinion that the mandate laid down in Section 36 of the Act of 1995 is conclusive and each precedent law requires the respondent to operate the clear mandate given in Section 33 and 36. Thus, the respondents are directed that the persons of Blindness/Low Vision, Hearing Impairment and Locomotive disability or Cerebral palsy shall be appropriately considered in the 3% seats reserved for them in their own category and in case, such post remained unfilled in the similar recruitment in 2012 then Section 36 shall be operated and respondents shall fill the carried forward seats by inter-changing the candidates of these three disabilities mentioned in Section 33 of the Act of 1995. The respondents shall be required to do the following :- A. Determine the total vacancies of physically handicapped which are 3% in the recruitment of 2012 and give the exact details of the reservation implemented in 2012 in the subcategories mentioned in Section 33 of the Act of 1995. B. Whatever seats of disabled persons due to nonavailability of respective category of candidates from 2012 which were not filled by their respective categories, the same number of seats shall be filled in 2013, by the respondents by inter-changing the respective categories in the spirit of Section 36 of the Act of 1995. 13. Further, the 2013 physically handicapped candidates shall be given appointment in their respective categories as per the Section 33 but if the seats remained unfilled in the 2012 recruitment then the inter-change shall be permissible for the respondents to make the necessary recruitment to the same number of seats unfilled in accordance with Section 36 of the Act of 1995 in 2013 recruitment. The respondents shall be required to demarcate exact number of seats @ 3% of the total number of seats which are recruited and are being recruited for the year 2012 and 2013 and take the decision strictly in terms of Section 33 and 36. It is further made clear that the respondents shall be required to give effect to the legislative intentions in the Section 36 of the Act of 1995 and permit interchange amongst the physically handicapped candidates. In case, the particular category of physical handicapped persons is not available and in case the same was also not available in the previous recruitment year on account of the particular physical handicap person being not available then such inter-change between the physically handicapped persons shall be legally determined and implemented by the respondents within a period of 3 moths from today for the recruitment year 2013. 14. On the aforesaid consideration, if seats of physically handicapped persons are found vacant for the year 2013 which could not be filled by their respective categories in 2012, then the petitioners shall be given appointment appropriately in accordance with their merit by giving effect to the inter-change amongst the physically handicapped persons. 15. The writ petitions are disposed of accordingly."
(3.) In view of the above, the present petition is disposed of with direction to the respondents to consider the case of the petitioner on the same terms as that of the aforementioned precedent law.;