GOPAL PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner is aggrieved by the order dated 10.5.2004 issued by the Deputy General Manager (Administration), Bharat Sanchar Nigam Limited (BSNL), Patna. By the impugned order the petitioner's candidature/selection from the select list of successful candidates has been cancelled. The ground given in the impugned order is that the petitioner was not eligible to be considered for appointment under physically handicapped category since at the initial stage of applying his disability was limited to 15%, whereas a minimum disability of 40% was required for the persons to be eligible to appear in the physically handicapped category.

(3.) It is not in dispute that the petitioner, who is suffering from Polio gave his declaration while applying for the post of Junior Accounts Officer for the recruitment year 2003. Thereafter an admit card was issued to him, he was allowed to sit for the examination and a merit list was prepared. The petitioner made it to the merit list after having qualified in the examination held by the authorities. The petitioner was directed to produce various certificates or the documents in original for final selection. The list is given out in Annexure-5 annexed to the writ application. In terms of Annexure-6 a letter was also issued to the petitioner dated 16.10.2003 that he has been provisionally selected for the post of Junior Accounts Officer. He was directed to submit his original degree certificate, matriculation certificate medical fitness certificate from a medical board and a security deposit of Rs. 5000/-.