SHASHI KANT SHUKLA Vs. DILIP KUMAR PRASAD, CHAIRMAN

JUDGEMENT

(1.) In the show cause replies filed on behalf of the Respondent/Opp. Party, it is explained that after receiving the Medical Report of the petitioner from the AIIMS, New Delhi, it was ascertained that the petitioner did suffer from disability of hearing impairment. His case was accordingly considered. It was, however, found from the results of the examination that the petitioner got total 634.67 marks. Since the vacancy reserved for the physically handicapped category, had to be recommended for those candidates of the said category who have secured more marks than the petitioner and further since the recommendation for the appointment of the candidates to the vacant posts were already conveyed by the Respondent-J.P.S.C. to the State Government on 12.04.2008, any further recommendation for the petitioner's appointment cannot possibly be made by the Respondent-J.P.S.C.

(2.) Counsel for the petitioner, on the other hand, would want to dispute the submissions of the counsel for the Respondent-J.P.S.C., by contending that on the basis of the information obtained by the petitioner, it was ascertained that one vacancy in the physically handicapped category pertaining to the hearing impaired, was lying vacant and, therefore, the stand has now been taken by the counsel for the Respondent-J.P.S.C. that all the seats reserved for the reserved category have been filled up, appears to be misleading.

(3.) Learned counsel adds further that the existence of one vacancy was categorically made by the petitioner and this stand taken by him in support of his claim for his appointment, was not controverted, denied or disputed either by the Respondent-J.P.S.C. or the Respondent-State Government at the time the writ application was heard and as such, the respondents cannot possibly deny the grant of appointment to the petitioner since the medical report has confirmed that the petitioner does suffer from disability of hearing impairment and one seat is supposed to be reserved under the Rules for the disabled person under such category.