KULDEEP Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. Heard Sri Vikas Budhwar appearing for the petitioner and learned Standing Counsel for respondents Nos. 1, 2 and 3.

(2.) THE petitioner is Booking a writ of certiorari quashing the impugned order dated 6-1-2005 passed by respondent No. 1 and the consequential order dated 26-5-2005, passed by respondent No. 3, denying appointment to the petitioner on the post of Excise Inspector on the ground that there is no reservation for physically handicapped persons on the said post and the petitioner's physical disability to the extent of 45% would create obstruction in effective discharge of duties as Excise Inspector and as such, he is unfit for appointment to the post of Excise Inspector.

(3.) RULE 13 of 1992 provides for physical fitness which reads as under : "physical fitness.- (1) No candidate shall be appointed to a post In the service unless he be In a good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to produce a medical certificate of fitness in accordance with the rules framed under Fundamental RULE 10 as contained in Chapter III of the Financial Handbook, Volume II, Part III : Provided that a medical certificate of fitness shall not be required from 3 candidate recruited by promotion. (2) No person shall be recruited directly or by promotion to the service : (i) Whose chest measurement is less than 81. 2 centimetres unexpanded and 86. 2. centimetres expanded. (ii) Whose height is less than 167 centimetres or less than 162 centimetres in the case of the candidates recruited by promotion or belonging to Kumaon Division and Dehra Dun, Chamoli, Tehri Garhwal, Pauri Garhwal and Uttar Kashi districts : Provided that physical requirements in the case of female candidate will be the same as prescribed for the female police Sub-Inspectors. The physical requirements are given in Appendix 'b'.