ASHOK KUMAR SHARMA Vs. STATE OF U.P.
LAWS(ALL)-2020-2-515
HIGH COURT OF ALLAHABAD
Decided on February 20,2020

ASHOK KUMAR SHARMA Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Surya Prakash Kesarwani,J. - (1.) Heard Sri Vibhu Rai, learned counsel for the petitioner, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri R.P. Dubey, learned Additional Chief Standing Counsel for the respondent nos. 1, 2 and 3 and Sri Prabhakar Awasthi, learned counsel for the respondent no. 4.
(2.) This writ petition has been filed by the petitioner praying for the following reliefs:- "I. Issue an appropriate writ, order or direction quashing the order impugned dated 30.11.2019 passed by Court of Additional Commissioner (Personal Disabilities)/office of District Magistrate, Saharanpur/respondent no. 3 (as contained in Annexure No. 1). II. Issue any other suitable order or direction in favour of the petitioner as this Hon'ble Court may deem fit and proper in the circumstances of the case to meet the ends of justice."
(3.) The facts in brief are that an advertisement was issued by the Principal on 22.6.2006 inviting applications for recruitment of class IV employees in Government Post Graduate College, Devband, Saharanpur. Pursuant to this advertisement, the respondent no. 4 and several other persons applied. This advertisement does not show that any post was reserved for handicapped person. The eligibility for class IV employee is provided in Group-D Employees Services Rules, 1985 which mandatorily requires knowledge of cycling. The respondent no. 4 even did not appear in interview. He was not selected. However, he filed Civil Misc. Writ Petition No. 17917 of 2007 praying for the following relief:- "(i) Issue a suitable writ order or direction in the nature of certiorari quashing the impugned selection result. (ii) Issue a suitable writ, order or direction in the nature of mandamus commanding and directing the respondents not to make any appointment in pursuance of impugned selection result. (iii) Issue a suitable writ, order or direction in the nature of mandamus commanding and directing the respondents to make a fresh selection on the post of Paeicharak.;


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