ANU BATH Vs. STATE OF U P

JUDGEMENT

(1.) Delay in filing special appeal, is condoned.

(2.) The instant special appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952, has been preferred against the impugned judgment and order dated 27.7.2007 passed by Hon'ble Single Judge in Writ Petition No. 2393 (S/S) of 2001: Smt. Anu Bath v. State of U.P. and Ors., whereby, the writ petition filed by the Appellant was dismissed on the ground that total number of vacancies is only 2 hence no reservation can be granted to physically handicapped person to the extent of 2% in pursuance of the provisions contained in Uttar Pradesh Public Service (Reservation for Physically Handicapped, Dependents of Freedom Fighters & Ex-Servicemen), Act, 1993 (in short 1993 Act).

(3.) Parliament has also provided reservation to the physically handicapped persons by enacting the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short 1995 Act). Under Section 33 of 1995 Act, reservation to the extent of 3% has been provided to physically handicapped persons. In 1993 Act, the State provided reservation to the extent of 2% later on, in the year 1997 by amending the Act, the reservation has been enhanced to 3% making it at par with the Central Act.