ASHOK KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri Manish Goyal, learned Counsel for the petitioner and Sri K. S. Kushwaha, learned Standing Counsel appearing for the State respondents and Sri P. K. Pandey, learned Counsel appearing for National Federation of Blinds respondent No. 13.

(2.) COUNTER and rejoinder affidavits have been exchanged between the parties and with the consent of learned counsel for the parties, the writ petition is being finally decided.

(3.) LEARNED Counsel for the petitioners in support of the writ petition submitted that persons who are visually handicapped or an audio handicapped are not eligible to-teach primary classes hence, they are also not eligible to be admitted in Special B. T. C. Training Programme 2007. LEARNED Counsel submits that State of U. P. has identified the post of Teachers which are to be offered to the physically handicapped candidates vide Government Order dated 7. 5. 1999, in which the primary teachers are mentioned at serial Nos. 26 and 27, which posts have been categorized for the candidates suffering from locomotor disability and the candidates suffering from audio and visual disabilities have not been identified as fit for primary school teacher. LEARNED Counsel for the petitioner submits that other two categories not being eligible the 3% vacancies which are reserved for physically handicapped candidates should be filled up by the candidates suffering from locomotor disability. LEARNED Counsel for the petitioners submits that no uniform policy has been adopted by the Principal of DIETs as from several DIETs the merit index of all the three categories have been separately issued and from certain DIETs a common merit index for physically handicapped candidates have been issued. LEARNED Counsel for the petitioners contends that even though in certain DIETs, the merit index of physically handicapped candidates are more than the General Category candidates but they are not being treated as General Category candidates so the benefit of reservation for specific handicapped persons may fall on next deserving candidate.