In March 2011, the Rajasthan government had issued an order directing that 20 percent concession be given to persons with disabilities as defined in Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
However, no such relaxation was provided for persons with disabilities. Reservation to the extent of 3 percent, as mandated by the Persons with Disabilities Rules, 2011 was, however, provided. Therefore National Federation of the Blind filed a petition in the Rajasthan High Court seeking the enforcement of fundamental rights of blind persons and other persons with disabilities.
Appearing for the petitioner organization, Senior Advocate SK Rungta contended that the Government of Rajasthan had not amended the Rajasthan Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules of 2011 to bring it in tune with the 2016 Act at the time of issuing the advertisement, and it was only recently that the 4 percent rule was made applicable to the State.
He also stated that a total of 378 vacancies should have been reserved for visually impaired persons and an equal number of 378 vacancies should have been reserved for those with locomotor disability. However only 133 appointments have been made under visually impaired category.
The division bench issued notice in response, ordering :
“In the meantime, the respondent-State shall undertake the aforesaid exercise and also find out the number of candidates appointed in the specially abled category and keep number of vacancies to the extent of shortfall, unfilled after undertaking the aforesaid exercise, till further orders passed by this Court…”
This matter, along with two other similar ones, are directed to be listed on April 22.