RAJESH KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner is a Constable in Civil Police. He is aggrieved by an order passed by the third respondent dated 16th Feb., 2012, whereby his claim for promotion on the post of Sub-Inspector, Civil Police, has been turned down on the ground that he is differently abled person and for the said reason, he is not qualified to hold the said post. The order further says that there is no provision for giving relaxation in the physical efficiency test to the differently abled persons.

(2.) A brief reference to the factual aspects would suffice. The petitioner was initially appointed as a Constable in Civil Police. He claims his promotion on the post of Sub-Inspector. The service conditions of the post of Sub-Inspector including recruitment and promotion etc. are regulated by the Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2008 (for short, the "Rules, 2008"). The petitioner for promotion to the post of Sub-Inspector appeared in the written test, which he qualified. After the said test, he was asked to participate in the physical efficiency test. The petitioner moved an application for relaxation in the physical efficiency test on the ground that he is differently abled person and has relied on a certificate issued on 16th Sept., 2006 by the appropriate authority. When no action was taken on the said application, the petitioner preferred a writ petition, being Writ Petition No. 4637 (S/S) of 2011 (Rajesh Kumar Gupta Vs. State of U.P. and others). The said writ petition was disposed of by this Court on 19th Jan., 2012 by issuing a direction upon the appropriate authority to consider the grievance of the petitioner.

(3.) In compliance thereof, the impugned order dated 16th Feb., 2012 has been passed rejecting the claim of the petitioner on the ground mentioned herein-above.