Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

Learned counsel for the petitioners submit that pursuant to the advertisement issued by the
respondent – R.P.S.C. calling for the applications for appointment on the post of Teacher Grade III,
all the petitioner submitted their applications. Referring to advertisement dated 02.06.2004, it is
stated that a separate bifurcation of the posts meant for disabled category was made but then after
issuance of the advertisement, respondents increased posts from 25712 to 33936, but while increasing
the posts, reservation to the extent of 3%, in favour of the disabled persons, is not provided.
Learned counsel for the respondents, on the other hand, submit that they had advertised 25712
posts and reservation in favour of the disabled category persons was also determined, which was then
made to satisfy the 3% quota meant for disabled category, inasmuch as, originally, in the advertisement,
753 posts were reserved for the disabled category, but, then same was increased to 831 posts and
appointments were given to that extent.
Rajasthan PSC
So far as increase of 6257 posts at later stage is concerned, it is stated that those were backlog
vacancies or Scheduled Caste (SC) and Scheduled Tribe (ST) candidates, hence, in all those backlog
vacancies, reservation or disabled candidates could not be provided and, otherwise, stating the facts,
it is submitted that as against 831 posts meant for disabled category, in fact, 952 appointments have
already been given. Thus, the appointment of the disabled category candidate has been made in
excess to the quota and assuming that even total reservation is to be provided on 33963 posts, then
also, so far as back log reserved posts are concerned, i.e., 6257, no General Caste candidate, belonging
to disabled category, can seek benefit of appointment, because, it is already held that reservation to
disabled category is a horizontal reservation. In other words, if a candidate, belonging to General
Caste is falling in disabled category, then he will get 3% reservation from and amongst the seats meant
for general category and likewise and if a candidate belongs to other category like SC and ST, then
the disable person of SC and ST category will get the reservation on the posts meant for that category
like SC and ST. Therefore, taking note of above situation, it is submitted that so far as the present
petitioners are concerned, none of them are coming close to the cutoff marks provide for disabled
category candidates within their category, therefore, entire exercise as required to be made has otherwise
become academic in nature. Referring to the situation in regard to the reserved caste candidate, like
SC & ST, it has been stated that cut off marks in their category to the disabled person is 114 and 104
respectively and, out of all these writ petitions, only writ petition, bearing No.1723/2005 involves one
Omprakash to SC category, but he has already been given appointment, being a blind. Then, comes
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