Mahaveer Prasad Sharma vs State & Ors on 7 January, 2009

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   IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        AT JODHPUR.


                          ORDER

                  Mahavir Prasad Sharma
                            Vs.
                 State of Rajasthan & Anr.


        S.B.CIVIL WRIT PETITION NO.1124/1997


                Date of Order       ::   07/01/2009


                          PRESENT

           HON'BLE MR. JUSTICE H.R. PANWAR



Mr.M.Mridul, Sr.Advocate with him
Mr.R.N.Upadhyay, for the petitioner.
Mr.Rajesh Bhati, Dy.Govt.Counsel for the respondent No.1.
Mr.Tarun Joshi, for the respondent No.2-RPSC.



BY THE COURT:

By the instant writ petition under Article 226 of the

Constitution of India, the petitioner seeks a direction to the

respondents to consider his case for the post of Social Welfare

Officer/Probation and Prison Welfare Officer/Assistant Superin-

tendent/Research Assistant in Social Welfare Department by
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treating him as a candidate belonging to physically

handicapped category.

I have heard learned counsel for the parties.

A reply to the writ petition has been filed by the

respondent-RPSC stating therein that the posts were

advertised vide Annexure-5 dated 6th February, 2007 and

there is no provision for reservation for physically handicapped

persons for the post of Social Welfare Officer. The petitioner

appeared as a General candidate and in the screening test, he

was declared unsuccessful and therefore, the petitioner was

not called for interview. This fact has not been disputed by

learned counsel for the petitioner that the petitioner appeared

as a candidate of General Category and in the screening test,

he was not successful. Moreso, it is not the case of the

petitioner that any less meritorious person has been

considered and appointed on the said post. So far as the

reservation for physically handicapped persons is concerned,

an amendment has been made in the year 2002 and therefore,

at the relevant time, no reservation was advertised for the

physically handicapped persons. Since the petitioner appeared

as General Category candidate and participated in screening

test but he was not successful, therefore, in my view, the

petitioner is not entitled for any relief.
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In this view of the matter, the writ petition is

dismissed. There shall be no order as to costs. Stay petition

also stands dismissed.

(H.R. PANWAR), J.

NK