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Judgment
339 paragraphs · 1,703 words,,,,,
These writ petitions under Article 226 of the,,,,,
Constitution of India have been preferred claiming, in sum and substance, the following reliefs:",,,,,
“A. By an appropriate writ, order or direction, the impugned condition of the press note dated 02.10.2017 (Annex.5) that “further opportunity of",,,,,
verification will not be given to the candidates who were absent earlierâ€, may kindly be quashed and set aside.",,,,,
B. By an appropriate writ, order or direction, therespondents may kindly be directed to grant the appointment to the petitioners on the post of Teacher",,,,,
Grade III (Level II) with all consequential benefits and from the date of appointment to the lesser meritorious and appointed candidates.,,,,,
C. By an appropriate writ, order or direction, therespondents may kindly be directed to grant the appointment to the petitioners on the post of Teacher",,,,,
Grade III (Level II) while granting reservation to the petitioner in hearing impairment category with all consequential benefits and from the date of,,,,,
appointment to the lesser meritorious and appointed candidates.,,,,,
D. Any other appropriate writ, order or direction whichthis Hon’ble Court may deem just and proper in the facts and circumstances of the case",,,,,
may kindly be passed in favour of the petitioners.,,,,,
E. Writ petition filed by the petitioners may kindly beallowed with costs.â€,,,,,
The matter pertains to the recruitment process for,,,,,
appointment on the post of Teacher Grade III (Level II) initiated vide advertisement of the year 2013.,,,,,
The petitioners in the present writ petitions are claiming reservation as they belong to the Hearing Impaired category.,,,,,
In support of the respective claim of the present,,,,,
petitioners, learned counsel for the petitioners submitted that Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and",,,,,
Full Participation) Act, 1995 (Central Act No.1 of 1996) deals with identification of post. At periodical interval not exceeding three years list of post",,,,,
identified is to be revised/reviewed. However, the respondents have not brought on record any document, which could show that such review/revision",,,,,
of post identified has taken place, at least after 2011.",,,,,
Learned counsel for the petitioners also submitted that the review has been necessitated in view of developments in technology. The State,,,,,
Government has adopted the identification of the post undertaken by the Central Government in the year 2011 but subsequent review/revision of the,,,,,
identification of post has not been mentioned anywhere and whether the same has been adopted by the State Government or not. In the absence of,,,,,
any such averment/document, it can fairly be assumed that the adoption of identification of post by the Central Government was confined to the period",,,,,
of 2011 only by the State Government.,,,,,
Learned counsel for the petitioners further submitted that though the identification of post has to be done by the appropriate government, but after",,,,,
2011, nothing is on record to identify the post, since there is no document to show that the State Government has adopted any revised identification of",,,,,
post carried out by the Central Government subsequent to 2011. Moreover, the appropriate government is required to issue notification to exempt any",,,,,
establishment from provisions as per Section 33 of the Act of 1995. There is no such notification placed on record by the respondents.,,,,,
Learned counsel for the petitioners also stated that in the year 2015, the authorities were informed of identification of post, and for the post in",,,,,
question, the concerned Zila Parishad has been informed that the cases of hearing impaired were not to be considered. In this respect, it is submitted",,,,,
that the recruitment is of the year 2013, and after completion of process, the respondents have chosen to inform the authorities not to consider the",,,,,
cases of hearing impaired. Such change of norms after the process has started and completed cannot be resorted to.,,,,,
Thus, learned counsel for the petitioners has made out a case that by not adopting/resorting to review/revision of identification of post by the State",,,,,
Government has put the petitioners and other hearing impaired candidates in a position, whereby they could never be appointed in any of the Subjects",,,,,
in the recruitment of Teacher Grade III, except if any one of them is able to get more marks than the cut off in the respective category",,,,,
i.e. General/OBC/SC/ST.,,,,,
On the other hand, learned counsel for the respondents has opposed the aforesaid submissions made on behalf of the petitioners.",,,,,
However, this Court finds that the controversy is covered by the judgment rendered by this Court in Nirmal SinghÂ",,,,,
Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 4448 / 2015 decided on 03.05.2018), which reads as under:-",,,,,
“1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, claiming the following reliefs:",,,,,
“(i) The respondents may kindly be directed to consider the case of the petitioner in the Hearing Impairment category for considering his,,,,,
candidature against the 1% seats reserved out of 3% seats for the disabled persons as per Rule 36 of the Rules of 2011. Further if the petitioner found,,,,,
suitable, he may kindly be ordered to be offered appointment for the post of Teacher Grade-II (Social Science) pursuant to the advertisement",,,,,
Annex.P/4 with all consequential benefits.,,,,,
(ii) The appointment order Annex.P/12 may kindly be quashed and setaside qua the respondent No.4 and in place of him the petitioner be considered,,,,,
for appointment in the HI category.,,,,,
(iii) The respondents may kindly be further directed to provide theappointment to the petitioner in the HI category from the date, other persons have",,,,,
been given appointment pursuant to the advertisement Annex.P/4.,,,,,
(iv) Any other appropriate writ, order or direction which this Hon’bleCourt deem just and proper in the facts and circumstances of the case may",,,,,
kindly be passed in favour of the petitioner.,,,,,
(v) Writ petition filed by the petitioner may kindly be allowed with cost.â€,,,,,
The brief facts of the case as noticed by this Court are that the petitioner belongs to the,,,,,
OBC category and is suffering from Hearing Impairment disability.,,,,,
The State Government issued an advertisement dated 02.08.2013 for recruitment to the post of Teacher Grade-II in various subjects by way of,,,,,
Senior Teacher Grade-II Competitive Examination, 2013 conducted under the Rajasthan Education Subordinate Service Rules, 1971.",,,,,
Learned counsel for the petitioner has made a limited argument that though the petitioner has applied for the post of Teacher Grade-II in pursuance,,,,,
of the advertisement dated 02.08.2013 but despite the fact that the State Government, in exercise of the power conferred in Section 73 of the Persons",,,,,
i),"Chairman of the Rajasthan Public Service Commission or a member
thereof nominated by him",Chairman,,,
ii),"Principal Secretary/Secretary to the Government in the Social Justice &
Empowerment Department.",Member,,,
Iii),"Commissioner for Disabilities, Rajasthan Justice & Empowerment
Department",Member,,,
i),"Principal Secretary/Secretary to the Government in the Department of
Personnel.",Member,,,
ii),"The Commissioner for Disabilities, Rajasthan..",Member,,,
Iii),"The Commissioner, Employment Department, Rajasthan",Member,,,
iv),"Principal Secretary/Secretary to the Government in the department of
pesonnel or his representative not below the rank of deputy Secretary.",Member,,,
v),"The Principal Secretary to Medical and Health Services, Rajasthan.",Member,,,
vi),The Appointing Authority concerned,"Member
Secretary.",,,
Sl.No.,Designation,Physical Requirements,"Categories of
disabled suitable for
the jobc",Nature of job,"Working
condition/
Remarks
1,2,3,4,5,6
71,"HIGHER
SECONDARY
&
SECONDARY
SCHOOL
TEACHER( for
all subject Arts,
Social Science,
Humanities,
music etc.",S.ST.W.L.SE.RW.H.C.,OA.OL.OAL.BL.B.LV,"Senior
Secondary
and Secondary
School Teacher,
Arts
teaches one or
more
s u b je c t s to
students
of high school,
higher secondary
school,
multipurpose
school in regional
la ngua ge or
English,
Teaches students
of
various
standards,
a l l o t s and
corrects
home work,.
Conducts tests;
and
examination
anddecides
eligibility for
promotion to
higher
standards.
Maintains
school registers
and
records. May
collect
f e e s , conduct
sports
and
extracurricular
activities such as
scouting, hobby
clubs, dramatics.
M a y be in-
charge of
stores and
equipment,
hostel,
transport,
canteen,
library etc. is
designated as
Arts
Te a c he r for
teaching
history,
geography,
civics, social
science,
economics,
psychology etc.","T h e work is
mostly
performed inside
in
w e l l lighted
rooms.
T h e worker
usually
works alone or
teaches relevant
subjects to the
class/group of
students. Mobility
and bilateral hand
activities should
be
adequate. Some
of
the subjects like
Arts, Biology,
Science, may be
re quire color
identification.
The
incumbent should
be
considered with
aids
and appliances.
72,"LANGUAGE
TEACHER, H.S.
&
SECONDARY
SCHOOL",S.ST.W.L.SE.RW.H.C.,OA.OL.OAL.BL.B.LV,"Language
Teacher,
Senior
Secondary
and Secondary
School teaches
one
or more Indian or
foreign
languages in
h i g h school,
higher
secondary school
or
multipurpose
school.
Teaches spelling,
pronunciation
and
grammer of
language, gives
exercises in
speaking and
writing
language.
Conducts
tests and
examination and
decides eligibility
for
promotion to
higher
standards.","T h e work is
mostly
performed inside
in
w e l l lighted
rooms.
T h e worker
usually
works alone or
teaches relevant
subjects to the
class/group of
students. Mobility
and bilateral hand
activities should
be
adequate. The
incumbent should
be
considered with
aids
and appliances.
73.,"H / S &
SECONDARY
SCHOOL
TEACHER,
OTHER THAN
THOSEL ISTED
ELSE WHERE",S.ST.L.L.SE.RW.H.C,OA.OL.OAL.BL.V.LV,"Senior
Secondary
and Secondary
School Teachers.
Other include all
other teachers
e n g a g e d in
teaching
students of high
and
higher secondary
school, not
elsewhere
classified","T h e work is
mostly
performed inside
in
w e l l lighted
rooms.
T h e worker
usually
works alone or
teaches relevant
subjects to the
class/group of
students. Mobility
and bilateral hand
activities should
be
adequate. The
incumbent should
be
considered with
aids
and appliances.
74.,"MIDDLE
SCHOOL
TEACHER
(for all subject
A r t s , Social
science,
humanities,
music, etc.).",S.ST.L.L.SE.RW.H.C.,OA.OL.OAL.BL.B.LV,"Language
Teacher,
Middle School
teaches one or
more
Indian or foreign
languages to
s t ude nt s of
middle
schools. Teaches
spellings,
pronunciation
and
grammar of
language, gives
exercises in
speaking and
writing
language,
conducts
tests and
examinations and
decides eligibility
for
promotion to
higher
standards.","T h e work is
mostly
performed inside
in
w e l l lighted
rooms.
T h e worker
usually
works alone or
teaches relevant
subjects to the
class/group of
students. Mobility
and bilateral hand
activities should
be
adequate. Some
of
the subjects like
Arts, Biology,
Science, may be
require color
identification.
The
incumbent should
be
considered with
aids
and appliances.