- (1.) D. P. Singh, J. Heard learned counsel for the parties and perused the records. Pleadings are complete between the parties and learned counsel for the parties agree that the petition may be finally disposed off under the Rules of the Court.
(2.) THIS writ petition has been filed claiming a relief of mandamus for a direction to the respondents to appoint the petitioner on the post of Gram Vikas Adhikari under the reserved category of physically handicapped persons, other consequential benefits have also been sought. The District Development Officer, Farrukhabad and Kannauj issued a combined advertisement for both the Districts published in 'dainik Jagran' on 12. 8. 1998 inviting applications for recruitment to 88 posts of Gram Vikas Adhikari. The petitioner, who was fully qualified and eligible applied in pursuance of the advertisement in the general category, claiming reservation as physically handicapped. He appeared for physical tests, which included a mile run, four miles cycling and walking for two miles. Having cleared the physical tests, he appeared for the written examination and after qualifying the same he was called for interview. However, on the publication of final result, his name was not shown in the list of successful candidates. Along with his application he had annexed the disability certificate claiming reservation under the head of "physically -handicap". In spite of approaching the relevant authorities his grievance was not considered forcing him to file this writ petition when an interim order dated 12. 5. 1999 was passed to the effect that if any appointments are made the same would be subject to the final decision of this writ petition. A detailed order was passed by this Court on 27-2-2002 issuing an interim mandamus to appoint the petitioner in the category of physically handicapped person w. e. f. the date when the other candidates were selected or to show cause by filing a reply. A counter-affidavit, though a belated one, was filed in April, 2002, where a stand has been taken that in view of the amended Act, the reservation is only 1% of the vacancy. But, it is not denied that reservation for physically handicapped persons was there. However, it has been stated in paragraph 25 that the petitioner does not fall within the category of 'physically handicapped person' and, therefore, he is not entitled for reservation either under the U. P. Public Services (Reservation for Physically Handicapped, Dependent of Freedom Fighter and Ex- servicemen) Act, 1993 as Amended in 1997. Uttar Pradesh Public Services (Reservation of Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (hereinafter referred to as U. P. Act No. 4 of 1993) was promulgated for providing reservation in Government service. In this Act No. 4 of 1993 reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex- Servicemen was set at 5% at the stage of direct recruitment. This Act No. 4 of 1993 was drastically amended by the Amending Act No. 6 of 1997 which came into force on 9th July, 1997. By the amended Act, the definition was amended, the relevant amendment are: " (aa) `cerebral palsy' means a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri- natal or infact period of development". Sub-clause (ddd) was also added to mean as follows : " (ddd) `locomotor disability' means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy. " Section 2 (e) was also substituted by the following definition : " (e) `physically handicapped' means a person who suffers from : (i) blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy. " In the principal Act No. 4 of 1993, 'physically handicapped' person was defined as : " (i ). . . . . . . . . . . . . . . . . . . . . . . . . . (ii ). . . . . . . . . . . . . . . . . . . . . . . . . . (iii) who has a physical defect or deformity which causes an interference with the normal functioning of the bones, muscles and joints. "
(3.) THUS, it would be seen that earlier 'locomotor disability' was confined to 'physical defect or deformity', but by the Amending Act No. 6 of 1997 in sub-clause (ddd) of Section 2 it has been defined as "disability of the bones, joints or muscles leading to substantial restrictions of the movement of limbs. . . . . . . . . . . . . . . . . . . . . " Thus, it was widened to include any forms of disability which necessarily do not have to be a "defect" or "deformity".;