VIVEK PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel, who has accepted notice on behalf of respondents no. 1, 3 and 4.

(2.) LEARNED counsel for the petitioner submits that he had applied against the reserved B.T.C. Training -2013 seats meant for handicapped candidates for B.T.C. Training -2013, being visually impaired. The application of the petitioner was included in the process of selection and his merit has been assessed at 183.88. According to learned counsel for the petitioner, the cut off mark for the candidates belonging to handicapped category is assessed at 180.85, therefore, he falls within the zone of consideration for the purposes of being sent to training.

(3.) PER contra, learned Chief Standing Counsel inviting attention of the Court to Section 2(a)(1) of Act No. 4 of 1993, has submitted that it is the permanent disability of a handicapped category candidate that entitles him to claim the benefit of reservation whereas the two certificates submitted by the petitioner indicate his physical disability as 'temporary'.