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

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a candidate in writ petition No.1788/2005, belonging to SC category, but then, the said candidate has
obtained only 90 marks as against cut off marks of 114 and the same is position in regard to writ
petition No.2270/2005, where out of two candidates, one Chenaram has secured only 78 marks as
against cutoff marks of 114. According to the learned counsel for the State, even all those candidates
are considered against backlog vacancies of 6257, then also, looking to the very low percentage of
marks and many other meritorious persons in between, petitioners are not entitled for any relief thus
the issue remains academic only.
Rajasthan PSC
Learned counsel for the petitioner has made a reference to the judgment of the Apex Court in the
case of Mahesh Gupta & Others v. Yashwant Kumar Ahirwar & Others, (2007) 2 SCC (L&S) 965,
wherein it is held that category of physically handicapped person to be taken as separate category,
therefore, their posts should be filled, irrespective of the caste. In the aforesaid judgment, the issue
was pertaining to special consideration for disabled persons as the State Government has drawn a
Special recruitment drive for filling up reserved posts of SC and ST candidates and therein, a person
belonging to General category, but suffering from disability was selected. The issue therein, therefore,
was decided by the Hon’ble Apex Court in facts of that case and otherwise after considering the
Circular dated 29.03.1993. Thus, the vacant posts were ordered to be filled up from and amongst
two categories one from SC and another from ST, and for other physically handicapped candidates,
a direction was given that handicapped persons were not to be further classified as belonging to SC
and ST or general category candidate. The three Judges of the Supreme Court in Rajesh Kumar
Daria v. RPSC & Others, (2007) 8 SCC 785, held that there is different between vertical and horizontal
reservation and held that reservation in favour of the disabled candidates is horizontal reservation and
as per the judgment of the Supreme Court in the case of Rajesh Kumar Daria (supra), the position of
candidates getting horizontal reservation is to be determined in their own category and difference
between horizontal and vertical reservation has been narrated.
In the case of Rajesh Kumar Daria, the Hon’ble Apex Court had even made a reference of
Constitution Bench in the case of Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 and also
in the case of Anil Kumar Gupta v. State of U.P., reported in (1995) 5 SCC 173. In paras 6 to 9 of
Rajesh Kumar Daria’s case, the Hon’ble Apex Court has elaborately discussed the matter and for
ready reference, those paras are quoted hereunder: