DEVENDRA NATH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri Arvind Srivastava, learned counsel for the petitioner. Shri Gautam Baghel appears for the U.P. Public Service Commission.

(2.) The petitioner has prayed for a direction to quash the Advertisement No.A-4/E-1/2011 dated 13th August, 2011 published by the U.P. Public Services Commission (in short the Commission) in Rozgar Samachar of 6th-12th August, 2011, inviting application for 102 posts of Asstt. Prosecuting Officers providing for reservation for three vacancies for physically disabled persons, in the manner, that two posts are reserved for persons with disability of OA (one arm) and one post for OL (one leg). The petitioner also prayed for directions to include a column to disclose the sub-category of the disability of physically handicapped persons in column no.7 (d) of the application form for the post of Asstt. Public Prosecutor, for identifying the OA and OL sub-categories of physically handicapped candidates, and to permit only those physically handicapped candidates to appear for preliminary examination, who belongs to sub-category OA or OL, and to exclude all other physically handicapped categories, from consideration and for permitting only those, who fall in these sub-categories in the preliminary examination for the post of A.P.O.

(3.) It is submitted that though the petitioner belongs to OA (one arm) sub-category for which one vacancy has been reserved, due to the defect in the OMR application from, for applying to the post, in which the sub-category of physically handicapped persons is not specified, the persons suffering from other disabilities namely the persons with blindness or low vision, persons with hearing loss and the persons with other physical disabilities falling in the category of locomotive disability and cerebral palsy will apply for the post, (which is reserved for OL (one leg) and OA (one arm) category), thereby reducing the petitioner's chance for succeeding in the preliminary examination and for appearing in the mains examination.