RAM SHARAN Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was successful in the examination conducted for selection to the post of Excise Inspector and was also called on for interview, but ultimately the appointment was refused to him on the ground that he was not physically fit.

(2.) Mr. N.D. Kesari, learned Counsel for the petitioner, contends that physical unfitness will not stand in the way of petitioner's discharging his duties in the post of Excise Inspector. According to the learned Counsel, the defect is not a defect which could affect efficient performance of duties by the petitioner, therefore, the petitioner should have been given appointment on the said post.

(3.) Mr. Kesari secondly contends that the petitioner is also eligible for such appointment by reason of Government Order dated 18.7.1972 intending to create 2% reservation in all services under the Government for physically handicapped persons. By a Government Order dated 20th May, 1978 the Government of Uttar Pradesh while affirming the reservation of 2% posts for the appointment of disabled persons in all the services under the Government defined who, a physically handicapped person, was and added he allowing instructions :