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2013 DIGILAW 820 (UTT)

RAJBEER SINGH BISHT v. STATE OF UTTARAKHAND

2013-12-23

ALOK SINGH

body2013
JUDGMENT Hon’ble Alok Singh, J. Since in both the petitions identical questions of facts and law are involved, therefore, both the petitions are being taken up and are being disposed of by this common judgment with the consent of the learned counsel appearing for the parties. 2. In Writ Petition No. 1580 of 2013, petitioner applied for the post of Village Development Officer under the O.B.C. physically handicapped quota while petitioner of Writ Petition No. 1590 of 2013, applied for the post of Village Development Officer under the O.B.C. ex-serviceman quota. Both the petitioners were not selected on the ground that quota for the physically handicapped person and for ex-serviceman is available only for general category candidate and not for other reserved categories. 3. In both the cases, while issuing notice to the respondents, Coordinate Bench of this Court in so many words directed that selection of the private respondents shall be subject to the final decision of these writ petitions. Notice were sent to the private respondents by registered post A.D. Even after the expiry of 30 days, neither un-served registered letter nor signed A.Ds. were received back, therefore, it shall be presumed that private respondents have already been served. 4. Learned counsel appearing for the parties fairly submitted that Division Bench of this Court in Writ Petition (S/B) No. 25 of 2012 and connected matters, vide judgment dated 17.05.2012, has held that reservation for physically handicapped person and under the category of ex-serviceman shall be horizontal reservation and shall be applicable for all categories. Division Bench further held that contention of the State that reservation under the disability category would only be available for the general category candidates cannot be sustained in the eyes of law. 5. In view of the judgment passed by the Division Bench of this Court in Writ Petition (S/B) No. 25 of 2012 and connected matters on 17.05.2012, learned counsel for the parties fairly submitted that petitioners ought to have been granted benefit of reservation under the physically handicapped as well as ex-serviceman quota. Therefore, present petitions may be disposed of in the light of the judgment passed by the Division Bench of this Court dated 17th May, 2012 in Writ Petition (S/B) No. 25 of 2012 and connected matters. 6. Mr. Therefore, present petitions may be disposed of in the light of the judgment passed by the Division Bench of this Court dated 17th May, 2012 in Writ Petition (S/B) No. 25 of 2012 and connected matters. 6. Mr. Subhash Upadhyaya, Standing Counsel further submits that case of the petitioners shall be considered in view of the judgment passed by the Division Bench of this Court dated 17th May, 2012, in Writ Petition (S/B) No. 25 of 2012 and connected matters preferably within two weeks from today. If petitioners are otherwise found eligible, their cases shall be considered for appointments. 7. Order accordingly. 8. Certified copy of this order may be supplied to the learned counsel for the parties on payment of usual charges within 24 hrs.