KRISHNA KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard learned counsel for the appellant Sri Ravindra Mishra and learned Standing Counsel for the State respondents.

(2.) THE petitioner is a disabled person. It is alleged that he was eligible and qualified to apply for the post of Assistant Teacher (T.G.T.) Science for which Advertisement no. 1 of 2002 was issued on 27.09.2002. Admittedly, the petitioner did not apply in pursuance to the advertisement, as he was not eligible or qualified on the date of advertisement in as much as he did not have the B.Ed. Degree in the year, 2002.

(3.) THE advertisement was challenged in writ petition No. 3543 (SS) 2002 on the ground that there was no reservation provided for the physically handicapped person. In pursuance to the order dated 09.04.2003 passed by the Lucknow Bench of the Court, directing to provide 3% reservation to disabled persons, a corrigendum was issued to the earlier advertisement on 22nd July, 2004, providing that 3% posts in the Advertisement No. 1 of 2002 were reserved for handicapped persons. The petitioner applied in pursuance to the corrigendum. He appeared in the written examination. His? result was withheld on the ground that he was not eligible in as much as he does not possess the B.Ed. qualification on the date of initial advertisement.