- (1.) THE petitioner is a law graduate and a physically handicapped person with disability, certified by the Chief Medical Officer, Allahabad on 4.12.2003 on account of "Postpathoparisis of left upper limb with Disability of Fifty (50%) of Affected Part'. By this writ petition he has prayed for direction to quash the appointment of Smt. Lavlesh Singh and Shri Akhilesh Kumar Tiwari, respondent Nos. 3 and 4 as Assistant Prosecuting Officers in the quota of physically disabled persons in the selections advertised by the Public Service Commission, U.P. at Allahabad, in Employment News dated 7th -13th October, 2006 for filling up 86 vacancies including 43 vacancies in general category; 24 in OBC; 18 in SC; 1 in ST and 17 backlog reserved vacancies. He has also prayed for direction to the respondent to consider him for appointment to the post of Assistant Prosecuting Officer by holding main examination and interview of the petitioner and to appoint him on the post.
(2.) WE have heard Shri Arvind Srivastava, learned counsel for the petitioner. Learned Standing Counsel has appeared for the State -respondent. Shri P.S. Baghel assisted by Shri Gautam Baghel has appeared for the Public Service Commission, U.P. Shri K.R. Sirohi alongwith Ms. Stuti Singh have appeared for Smt. Lavlesh Singh -respondent No. 3. An advertisement was issued by the Public Service Commission, U.P. at Allahabad (in short the Commission) in the year 2003, inviting.applications for 57 posts of Asstt. Prosecuting Officers providing for quota by way of horizontal reservation for physically handicapped; dependents of freedom fighters, and women candidates in accordance with the Government Orders. In the advertisement published for the next recruitment after three years in Employment News dated 7th -13th October, 2006, for 86 vacancies 43 vacancies were included in general category, and 17 backlog vacancies, for reserved category, the advertisement did not provide for reservation for physically handicapped persons. The application form, however, provided for information to be submitted by the candidates in Column C (d) to describe the nature of physical disability and the category in which the person may be included. The petitioner filed a writ petition No. 23468 of 2007, with a prayer to direct the respondents to provide quota for physically handicapped persons in the selections in accordance with the U.P. Public Service Commission (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex -servicemen) Act, 1993, as amended in 1997. The petitioner submitted that vide Notification dated 31st July, 2007 the post of Asstt. Prosecuting Officer in the Directorate of Prosecution (Home) has been identified for reservation for physically handicapped candidates. By an order dated 10.7.2008 the Court directed that the respondents shall ensure that one post of Asstt. Prosecuting Officer is left vacant, in the open general category and to mention this fact in the select list to be forwarded by the Commission to the State Government. The writ petition was disposed of on 13.10.2008 with directions that those physically handicapped candidates, who have appeared in the examination, but have failed on the basis of such advertisement will be considered in the category of physically handicapped candidates and the best amongst them shall be selected. The directions of the Court are quoted as follows : "So far as non -consideration of the candidature of the petitioner as physically handicapped candidate is concerned, at present we are of the view that those physically handicapped candidates/who have appeared in the said examination but failed on the basis of such advertisement, will be considered in the category of physically handicapped candidates and the best among them can be selected. Thus, the writ petition is disposed of. No order is passed as to costs. Dt.13.10.2008 Sd -Amitava Lala, J. KST [WA -23468 -2007] Sd -Arun Tandon, J."
(3.) IT is stated in para 15 of the writ petition that the petitioner filed the certified copy of the order of the High court dated 13.10.2008 in the Commission on 4.11.2008 and made an application demanding information under the Right to Information Act, 2005, about the cut off marks of the applicant and other physically handicapped persons, who had appeared in the examination. A reminder was sent on 24.11.2008. The Commission gave a reply to the petitioner on 24.1.2009, informing him that the Commission has not taken a decision as yet on the judgment of the High Court dated 13.10.2008, and the letter of the State Government dated 6.9.2008. The petitioner was not declared successful in the preliminary examination. The Commission informed the petitioner by its letter dated 14.1.2009 that in the meeting held at the Government level on 6.9.2008 presided by the Principal Secretary of the department and assisted by the representatives of the Public Service Commission, it was decided that since there is a provision of 3% horizontal reservation for physically handicapped persons and that since the advertisement did not mention about the reservation, a corrigendum be issued by the Commission. It was also decided that in the corrigendum the physically handicapped persons should be allowed to apply for the reserved posts.;