contention of the learned counsel for the petitioners
that reservation for Physically Handicapped persons is bad in law and that it
is not possible ... wise break up/ classifications
of total 70% reservation and, inter alia, speaks of 3% reservation for
Physically Handicapped persons. Vide para 13 (L), sub paras
dated 15.07.2014 (Annexure R-I) has vehemently argued that benefit of
reservation for handicapped category is to be given horizontally as per para ... adjusted
against the reservation point meant for BCA category as this was the
horizontal reservation within the vertical reservation and there were no
separate posts
were reserved for physically
handicapped (Ortho) (Male) and 193 posts for physically handicapped
(Ortho) (Female). As there was no reservation provided for physically
handicapped persons ... handicaps. Since blindness and low vision are two
distinct categories of physically handicapped and the low vision category
has never been exempted from reservation, advertisement
contend that the reservation for Ex-serviceman is
a reservation under Article 16(1) and not social reservation as contemplated ... argued that
the social reservation i.e. reservation meant for Scheduled Castes,
Scheduled Tribes and Backward Classes is the vertical reservation falling
within the scope
11592-CAT of 2006), it was clarified that for
effecting reservation for physically handicapped in Group A &
B posts, all Heads of Departments shall ... vacancies in the 100 point register
may be earmarked for reservation for
physically handicapped. The other
instructions contained in the aforesaid O.M.
remain unchanged
handicapped category i.e. for blind, deaf and orthopaedically
handicapped candidates and read in the following terms:-
"8. DEFINITION OF CATEGORIES
j. PHYSICALLY HANDICAPPED ... Commission has faulted in
taking the 3% reservation for physically handicapped persons as one
composite unit and thereby in not having made recommendations separately
towards
Reservation
in the physically handicapped category is made only for
orthopaedically handicapped person, but no reservation is done for
person like the petitioners ... handicap is meant for all the
handicapped persons, whether suffering such handicap due to
orthopaedic or other reason. In support, reference is made to
reservation
wherein it has been
stated that the policy for allowing reservation to the handicapped
persons was introduced by the Punjab Government, Department of
Social Security ... respectfully submitted here that the policy
for allowing reservation to the handicapped
persons in promotion was introduced by Punjab
Government Department of Social Security
handicapped employee in the cadre of
Superintending Engineers. As per notification dated 23.9.2011 (Annexure
P-5), the physically handicapped employees were given 3% reservation ... category candidate before
coming into force of the policy of allowing reservation to handicapped
persons issued vide letter dated 23.9.2011. It was adopted by respondent
Commission. What it
says is that if a physically handicapped person is availing benefit of
reservation under these instructions, he shall be entitled ... handicap category and for their benefit. The reason for making
reservation for physically handicap category is a statutory
requirement arising out of the provisions
