(1.) Heard the petitioner - Sri Pradeep Kumar Gupta, in person and learned Standing Counsel for the State. Also, on the request of the Court, Sri Prabhakar Awasthi, Advocate has assisted the Court to ascertain the correct facts.
(2.) The petitioner is a differently abled person having 50% locomotor disorder. On 24/6/2006, an advertisement was published inviting applications for appointment, amongst other, on the post of Library Peon (one post) at Government Degree College, Deoband, Saharanpur. The essential qualifications prescribed were Class V pass and ability to ride cycle. The petitioner applied for appointment on that post. He was called for interview. However, in the interview, the petitioner was not evaluated. It is his grievance, he was summarily required to leave as he could not ride a bicycle, which test was insisted upon him though the petitioner could ride a tricycle with equal efficiency. Thus, the petitioner claims violation of his rights and alleges humiliation caused to him, mainly by the then Principal of the Government Degree College, Deoband, Saharanpur.
(3.) The petitioner agitated the matter. Subsequently, a higher educational qualification (for the post of Library Peon) of High School was insisted. Since the petitioner did not hold that qualification, he was excluded. The petitioner alleges hostile discrimination having been practised by the State respondents and complete violation of his special rights under the Rights of Persons with Disabilities Act, 1995 (hereinafter referred to as the 'Old Act'). The petitioner assailed the selection made, by filing Writ Petition No. 17917 of 2007.