Rakesh Tiwari, J. - (1.) Heard Sri. Bashist Tiwari, learned counsel for the petitioner and Sri B. N. Singh learned counsel for the respondents.
(2.) The petitioner is a visually handicapped person. He is working as Senior Assistant in the scale of Rs. 4,000-6.000 in the Regional Transport Office. Allahabad. By means of this petition, the petitioner has approached this Court for the following main reliefs : (i) to issue a writ, order or direction in the nature of mandamus commanding the respondents to give 1 % reservation in favour of visually handicapped persons separately as provided in the Central Act as well as in the State Act as amended from time to time ; (ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to evaluate candidature of the petitioner on the basis of 35% marks and consequently to permit the petitioner to appear in the main examination conducted by the Commission approximately next month of the year for State/Subordinate Services in the year 2001.
(3.) The grievance of the petitioner is that as per the provisions of "The Persons with Disabilities (Equal Opportunities. Protection of Right and Full Participation) Act, 1995" (Act No. 1 of 1996) and the "U.P. Public Service Commission (Reservation for Physically Handicapped. Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993, as amended by Act No. 6 of 1997, one post should be reserved for visually handicapped person by the State Government in autonomous bodies financed and controlled by the State Government. It is stated that inspite of the reservation having been provided under the aforesaid Act, the U.P. Government is not giving benefit of the reservation to the visually handicapped persons and loss is being caused to them.;