Document Fragment View

Matching Fragments

The petitioner who is Physically Handicapped (Ortho) has filed the instant writ petition being aggrieved of the time- frame set up by the Haryana Public Service Commission in the corrigendum dated 15.3.2013, Annexure P3, as regards the conduct of the Main Examination for the HCS (Executive Branch) and other Allied Services slated to be held w.e.f. 13.4.2013 to 24.4.2013 terming the same to be arbitrary. A further prayer has been raised for staying such main examination commencing from 13.4.2013.

3. Civil Writ Petition No.5024 of 2012, titled as "Avijit Singh v. State of Haryana and others" came to be filed before this Court seeking the issuance of a writ in the nature of mandamus for directing the State of Haryana to grant benefit of reservation to the extent of 3% in Government posts to the disabled persons who fall within the ambit of the definition of Physically Handicapped as contained in Section 2(i) of the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as '1995 Act'). An affidavit dated 16.3.2013 was filed by the Secretary, Government of Haryana, Personnel Department in this writ petition stating therein that insofar as Haryana Civil Services (Executive Branch) is concerned, reservation for Physically Handicapped candidates at roster points No.26, 52 and 82 is provided and further asserting that if there would have been reservation policy for persons with disabilities in recruitment to the HCS (Executive Branch) since 1.2.1996, then two posts i.e. Roster points No.26 and 52 would also have come to the share of persons with disabilities. Taking cognizance of such assertion, a Division Bench of this Court in its judgment dated 11.3.2013 in Avijit Singh's case (supra) held that since provisions of the 1995 Act stood enforced from 1.2.1996, it would be the statutory obligation of the State of Haryana to provide 3% reservation as per the mandate of Section 33 of the Act in respect of posts which fell vacant after 1.2.1996. Resultantly, it was held that in the forthcoming selection process relating to Haryana Civil Services (Executive Branch), two posts shall be reserved for persons with disabilities so as to clear the backlog pertaining to Roster points No.26 and 52. The writ petition in Avijit Singh's case was disposed of on 11.3.2013 with the following observations:

4. In purported compliance of the directions passed by this Court, the respondent-Commission issued corrigendum dated 15.3.2013 reserving two posts of HCS (Executive Branch) for Physically Handicapped of Haryana, one for Orthopaedically Handicapped and one for Hearing Impaired and reserving one post of Assistant Excise and Taxation Officer for Physically Handicapped Haryana (for Hearing Impaired) out of the posts already advertised vide advertisement No.5 of 2011. Accordingly, as per corrigendum, the respondent-Commission invited applications from all eligible candidates of Physically Handicapped (Ortho) and Hearing Impaired Handicapped category of Haryana only for such reserved posts and fixed 29.3.2013 as the last date for submission of application forms. Candidates were directed to collect their Admit Cards personally on 2nd and 3rd of April, 2013 from the Office of the Commission so as to appear in the Preliminary Examination to be held on 5th and 6th of April, 2013. It was further stipulated that the result of the Preliminary Examination would be declared on 7.4.2013 and 15 times candidates against the three reserved posts including bracketed candidates would be declared qualified for appearing in the HCS (Executive Branch) and other Allied Services Main Examination - 2011 to be held w.e.f. 13.4.2013 to 24.4.2013.

5. The petitioner submitted his application form in response to the corrigendum dated 15.3.2013 within the stipulated time-frame under the category Physically Handicapped (Ortho) and was issued the Admit Card bearing Roll No.70009. The petitioner participated in the Preliminary Examination which was conducted on 5.4.2013 and 6.4.2013.

6. Learned counsel appearing for the petitioner would submit that in the result of the Preliminary Examination declared on 7.4.2013 by the respondent-Commission, the petitioner has been declared successful for appearing in the Main Examination. Learned counsel would vehemently argue that upon declaration of the result of the Preliminary Examination i.e. on 7.4.2013, adequate time has not been granted to the petitioner for preparing to appear in the Main Examination which is to commence w.e.f. 13.4.2013. Learned counsel would assail such short time-frame terming the same to be wholly inequitable. The plea of discrimination and violation of Articles 14 and 16 of the Constitution of India has also been raised in terms of raising a submission that the petitioner who belongs to the Physically Handicapped category, has been treated unfairly as candidates belong to the General Category as also other candidates who had applied earlier and whose result was declared on 31.1.2013, have been granted proper time and opportunity for preparing for the main Exam, whereas in the present case, upon declaration of the result of Preliminary Examination on 7.4.2013 just a few days time has been granted to the petitioner. During the course of arguments, learned counsel would even refer to the Haryana Civil Services (Executive Branch) Rules, 2008 (for short '2008 Rules') and advert to Rule 11 which envisages a competitive examination to be held yearly for selection of candidates of Register 'B'. Learned counsel would advert to the Schedule given in Annexure III wherein a time-frame in excess of one month has been envisaged between the holding of the Preliminary Examination and the Main Written Examination.