VIVEK SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Out of several prayers made in the writ petition, the main prayer is for a direction to the respondents to fill up one post of Deputy Collector through the Combined State Upper/Subordinate Services 2010 under Special Recruitment Drive in order to fill up the backlog quota for Physically Handicapped category relating to the year 2001-2002.

(2.) In pursuance of an advertisement published in 2001, the petitioner had applied for being appointed as a Deputy Collector. For that year 800 posts were advertised and the petitioner's application was under Physically Handicapped category. The preliminary examination was held on 03.06.2001. After the petitioner became successful, he filled up form for main examination. He also qualified in the main examination and by letter dated 27.07.2002, he was asked to appear in the interview. As desired by the respondents, he also submitted disability certificate issued by the Chief Medical Officer indicating therein that his disability would not create any hindrance in functioning on the post of Deputy Collector. The petitioner appeared in the interview and succeeded. The result was declared on 27.11.2003 and it is the case of the petitioner that he had been placed at Sl. No. 38 in the overall final merit list prepared by the respondent no. 2. Out of 800 posts advertised, allocation had been made and 9 posts were allocated for Deputy Collector. The petitioner had given his first preference for appointment on the post of Deputy Collector and the second preference on the post of Trade Tax Officer(now Assistant Commissioner). The petitioner learnt that he is being appointed on the post of Trade Tax Officer having been placed at Sl. No. 4 in the merit list prepared for the said category of posts and immediately rushed to this Court by filing present writ petition on the ground that no post of Deputy Collector was reserved for Physically Handicapped category candidates and accordingly, he having succeeded in the examination should have been appointed as a Deputy Collector against the post meant for Physically Handicapped candidates.

(3.) During pendency of the writ petition, the petitioner was appointed on the post of Trade Tax Officer and has been continuing till today.