KM ARCHANA PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner Km. Archana Pandey is totally blind. She got first division in every examination from High School to M.Phil. The mark sheets of the petitioner are Annexure - 1 to the writ petition. She has done M.A. and M.Phil from Delhi University and got first division. True copy of the physical handicapped certificate is Annexure -2. The petitioner is the first blind student in the entire county who was passed the NET examination from U.G.C. vide Annexure -3.

(2.) PARLIAMENT enacted the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Section 33 of the said Act states :

(3.) A counter -affidavit by the Commission has been filed and we have perused the same. It is alleged that seven posts of Lecturers in Music were advertised five in general category and two In S.C. Category. In para 2 (g) of the counter -affidavit it is stated that there could not be any reservation for handicapped category because the reservation rule permits only 1% quota. Since there were only five posts in general category hence there could not be any reservation. The petitioner was considered by the Interview Committee as a general candidate but she did not have the requisite merit in interview and hence could not be selected. In fact she was short listed.