ANIL KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the selection of private respondents, made for the posts of Fireman by respondents 1 and 2, petitioner seeks a direction in the name of respondents to the effect that selection/appointment of respondents 3 to 5 made under general category be quashed; consider and appoint the petitioner for the said post under general category reserved for handicapped persons in terms of the advertisement notice. The controversy, as per the pleadings, is simply that an advertisement Notice, by virtue of which posts in dispute were sought to be filled up, was responded to by all the aspiring candidates including the petitioner and respondents 3 to 5. Petitioner had applied for a post out of the three posts of general category reserved for physically handicapped (HH) category. For the sake of convenience the description of the posts as reflected in the advertisement is reproduced hereunder, thus:

(2.) Petitioner participated in the selection process but was not selected, for, allegedly, he did not satisfy the conditions of the advertisement notice and for not performing well.

(3.) Aggrieved of his exclusion, petitioner challenges the selection of private respondents on the ground that respondents 3 to 5 have been selected from amongst General Category candidates, therefore, the post reserved for handicapped category has been merged in the general category, consequently the selection made for the posts is bad in law, therefore, requires to be quashed.