JUDGMENT 1. 1. The petitioner is physically handicapped being partially deaf and falls under the category of Orthopaedically handicapped. He had passed Civil Engineering (Diploma) from the board of Technical Education, Rajasthan, jodhpur in the year 1994-95 and was registered with the employment exchange at Jhunjhunu in the category of physically handicapped. 2. The petitioner is aggrieved of the action of respondents in not offering post reserved for physically handicapped person as per rule 4(1) and 4(5) of the Rajasthan Employment of Physically Handicap d Rules, 1976 (hereinafter to be referred as 'Rules, 1976') when 167 posts of Junior Engineer (Civil) were to be filled in Local Self Government Department. Even though the candidates of other 'reserve category' were called for the purpose of selection, but, some how, the physically handicapped persons were not given the reservation on the ground that as per instructions issued by the State Government, there was no provision for reservation of physically handicapped persons. He relies on an order of State Government dated 4.4.98, copy of which has been attached as schedule 'A', wherein it is mentioned that out of 167 posts of Junior Engineer. The 67th roster point is reserved for deaf for degree holder and diploma and 100th roster point is reserved for diploma holder for minor defective Orthopaedically handicapped persons. 3. The prayer has been made for issuing of appropriate writ to respondent No.1 to give appointment to petitioner on the post of Junior Engineer (Civil) under the category of physically handicapped person from the date when the appointments have been given to other Junior Engineers with all consequential benefits. 4. Reliance is also placed on the letter dated 1.12.97 (ann.5) to the effect that roster point at 34th, 67th and 100th have been reserved for Blind, Deaf and/or Mute and Orthopaedically Handicapped respectively in the departments of Rajasthan State. 5. The respondent No. 3 & 4 have filed the reply stating the fact that at the relevant-time, there was no reservation provided for the category relating to petitioner. 6. The respondents No. 1 & 2 filed written statement reiterating the same stand that no reservation has been provided in the Act or Rule for the category of the petitioner. The only reservation provided was for Scheduled Caste and Scheduled Tribe. Reliance has been placed on annexure R1/1 and R1/2. 6. The respondents No. 1 & 2 filed written statement reiterating the same stand that no reservation has been provided in the Act or Rule for the category of the petitioner. The only reservation provided was for Scheduled Caste and Scheduled Tribe. Reliance has been placed on annexure R1/1 and R1/2. It is further submitted that appointments have already been made vide orders annexure R1/3, R1/4 and R1/5. 7. The State Government has also framed the Rules, 1976. The provision has been made in Rule 4 of the Rules, 1976 for appointment to posts in Subordinate Ministerial and Class IV service with 3% of the Posts to be kept reserved for such category. As per the schedule Jobs III group 'C' and 'D' for the phyically handicapped persons, the petitioner falls in category of IV; Partially Deaf entitled for appointment on the post of Junior Engineers (Civil). The petitioner is relying on the Rules, 1976, which had been made applicable regulating recruitment and conditions of service of handicapped persons appointed to services and posts in connection with affairs of the State of Rajasthan; The 'State' has been defined as State of Rajasthan. 8. The respondents are justified in stating that because of the reason that there was no specific instruction issued by the State Government or there was no specific provision in the Rules for reservation of posts for Physically Handicapped persons, so far the municipalities are concerned, therefore, no reservation was made while sending them the requisition from the Employment Exchange for roster point in this regard. Nothing has been brought on record to show whether the reservation has been prescribed for the handicapped persons in Municipalities or Local Bodies at the relevant time. The Municipalities or Local Bodies are the statutory bodies with the control of the Government and defined as 'State' within the meaning of Article 12 of the Constitution of India. 9. Vide annexure 5 the State Government (Personnel Department) was stressing for compliance of reservation for the blinds deaf and/or mute and orthopaedically handicapped on the roster point of 34th, 67th, 100th i.e. 31 of the total posts. 3% quota had been reseved for such category but it seems that has been made applicable in the State Govt. only. 9. Vide annexure 5 the State Government (Personnel Department) was stressing for compliance of reservation for the blinds deaf and/or mute and orthopaedically handicapped on the roster point of 34th, 67th, 100th i.e. 31 of the total posts. 3% quota had been reseved for such category but it seems that has been made applicable in the State Govt. only. If the local bodies including municipalities have already reserved the roster point for other reserved category i.e. SC, ST & OBC etc., there is no reason as to why reservation on roster point i.e. 34th, 67th and 100th be also not made applicable for the recruitment in the local bodies as well. The rules are required to be amended as to include the municipalities and other local self institutions as well within definition of 'State' or to issue instruction in this regard to reserve 34th, 67th & 100th roster post of handicapped candidates. 10. For the reasons and discussions made above the State of Rajasthan is directed to issue necessary instructions in this regard and till such instructions are so issued, the roster point reservation 34th, 67th and 100th meant for blind, partially deaf and orthopaedically handicapped persons shall be maintained invariably on the same analogy as has been mentioned in Rule 4 of 1976 Rules, i.e. 3% reservations in the bodies. However, no relief can be granted to the petitioner at this stage. With the above observations, the writ petition is disposed of. Petition disposed of. *******