PRASHANT SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri B.D. Pandey, learned counsel for the petitioner, learned standing counsel for the respondent no.1 and Sri Nisheeth Yadav, learned counsel for the respondent no.2.

(2.) Sri Radha Kant Ojha, learned Senior Advocate submitted that Uttar Pradesh Public Service Commission (hereinafter referred to as "Commission") has advertised the vacancies vide advertisement No. A-2/E-1/2018 dated 6.7.2018. Petitioner is physically handicapped candidate and in this regard, a certificate was issued to him from the office of Chief Medical Officer, Sultanpur on 10.9.2015, therefore, he had applied against the said advertisement under physically handicapped category. Accordingly, he deposited examination fee of Rs. 25/-, which was prescribed for physically handicapped candidate. He next submitted that he had appeared in preliminary examination, result of which declared on 30.3.2019 and he was found successful. He was issued marksheet of preliminary examination showing him under general/physically handicapped category. After being successful in preliminary examination, petitioner had filled up main examination form mentioning his category as physically handicapped. Thereafter, admit card was issued to petitioner showing him as physically handicapped candidate. He was also declared successful in the main examination and appeared in interview. At that time, he was required by respondent no.2 to fill up certain forms and he again mentioned his category as physically handicapped candidate. He also submitted an old medical certificate dated 10.9.2015 for treating himself under the category of physically handicapped candidate.

(3.) Learned Senior Advocate appearing on behalf of the petitioner further submitted that when the final result was declared, petitioner was not shown successful as he was not treated under the category of physically handicapped candidate. He next submitted that after being inquired from the "Commission", he was orally informed that he has not submitted his physically handicapped certificate at the time of filling of main examination form, which is contrary to the condition mentioned in the advertisement. Therefore, his candidature cannot be treated under the category of physically handicapped candidate and he has not been declared successful. He also submitted that though he could not submit certificate at the time of main examination, but he has submitted the same at the time of interview. Therefore, his candidature should not be treated as general candidate, but it should have been treated as physically handicapped candidate and accordingly, result should also be declared on the basis of minimum cut off marks of physically handicapped candidate.