Manmohan Bajpai [At : 03:00 P. M. ] v. Union of India Thru Secy. Deptt. of Personal & Training
2016-04-19
ASHOK PAL SINGH, NARAYAN SHUKLA
body2016
DigiLaw.ai
JUDGMENT (C.M. Application/ Review petition No. 16971 of 2016) The review applicant has sought the review of order dated 20.01.2016 passed in writ petition No. 1079 (SB) of 2016 on the ground that this Court has failed to consider the petitioner's entitlement for horizontal reservation as he had applied under physically handicapped quota for which the minimum qualifying marks was fixed as 40 marks. He had obtained 45 marks which was the highest in physically handicapped category. The Court has considered the petitioner's matter under general category candidate. For general category candidate the minimum qualifying mark was prescribed as 50. 2. In view of the aforesaid submissions, we have gone through the judgment passed by this Court and found that the Court had discussed about the marks secured by the petitioner as well as the application of reservation for physically disabled persons. The Court had also considered the provisions of para 19 of the Office Memorandum dated 29.12.2005 which provides the provision of horizontal reservation for disabled persons. 3. In light of the aforesaid provisions this Court had observed that Mr. Rajeev Vedram Singh, was selected against scheduled caste category vacancy and since he was also a physically handicapped person by giving horizontal reservation, he was selected under the physically handicapped quota, as one post was reserved for physically challenged person with disability. 4. Thus we are of the view that this Court has correctly appreciated the provisions of para 19 of the Office Memorandum dated 19.12.2005 which deals with horizontal reservation for persons with disability and had applied the same in its proper perspective. Thus we do not find error in the order dated 20.01.2016 passed in writ petition No. 1079 (SB) of 2016. 5. In the result the review application is rejected.