Rajasthan HC Grants 20% Concession Of Marks To Persons With Disability In Eligibility Examination for Teachers [Read Order]

Allowing various Writ Petitions filed against the State, the Rajasthan High Court granted relaxation to persons with disability to the tune of 20% marks in passing/qualifying marks in Rajasthan Eligibility Examination for Teachers (REET).

The Petitioners were aggrieved by the State of Rajasthan's policy that did not permit any relaxation to persons with disabilities in REET. With reliance placed on Vikas Sankhala & Ors. v. Vikas Kumar Agarwal & Ors., (2017) 1 SCC 350, it was submitted that such relaxation was granted by the State in the past and the present policy was arbitrary.

The Respondent State submitted that relaxation in the exam was given in the past, particularly in the years 2011 and 2012, due to then-existing peculiar circumstances and there is no general relaxation policy.

Dismissing the State's arguments, the bench comprising Justice S. Ravindra Bhat & Justice Veerendra Singh Siradhana held that the Respondents nowhere indicated how and in what peculiar circumstances was there a policy change in the past years and as to what is its new policy. The court hence concluded that the extant of such policy ought to extend to contemporary years and benefit of the 20% concession must to be granted to persons with disability in the ongoing recruitment in REET, to the extent of unfilled vacancies for year 2017 and in the ongoing process initiated in the year 2019.

The court also took cognizance of the fact that under the Rights of Persons with Disabilities Act, 2016, the State Government ought to have provided a scribe to a candidate who had visual disability to ensure "reasonable accommodation". Accordingly, directions were issued to Rajasthan Secondary Education Board to revise the results of REET, 2015 and REET, 2017, after giving appropriate concession of 20% in qualifying marks and to review the select list for 2018 based on such result. 

Click here to download the Order