M.KATJU, UMESHWAR PANDEY, JJ. - (1.) THE petitioner Km. Archana Pandey is totally blind. She got first division in every examination from High School to M.Phil. The mark sheets of the petitioner are Annexure - 1 to the writ petition. She has done M.A. and M.Phil from Delhi University and got first division. True copy of the physical handicapped certificate is Annexure -2. The petitioner is the first blind student in the entire county who was passed the NET examination from U.G.C. vide Annexure -3.
(2.) PARLIAMENT enacted the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Section 33 of the said Act states : '33. Reservation of posts. - Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from : (i) blindness or low vision ; (ii) hearing Impairment ; (iii) locomotor disability or cerebral palsy in the post identified for each disability : Provided that the appropriate Government may, having regard to the type of work carried on in .any department or establishment by notification subject to such conditions, if any, as may be specified in such notification exempt any establishment from the provisions of this section.' . It is alleged in para 7 of the writ petition that ,the aforesaid Act was enforced on 1.1.1996 but thereafter even though eight years expired the provisions of the Act have not been implemented and Section 33 remained on paper and no assistance has been given to the real disabled persons who are in dire need of employment. In para 8 it is alleged that since 1.1.1996 till date not even a single incumbent from handicapped category has been appointed as a Lecturer in a degree college under the U. P. Higher Education Service Commission Act. It is alleged that advertisement Nos. 30, 31, and 32 was Issued by the Commission copies of which are Annexures -4, 5 and 6 to the writ petition. The petitioner applied for appointment as Lecturer In Music (Vocal) against Advertisement No. 32 of 2002. In para 11 of the petition it is alleged that though the petitioner was fully eligible and was fully entitled to be called for interview the Commission arbitrarily and mechanically did not call the petitioner for interview and hence the petitioner was compelled to file a Writ Petition No. 25192 of 2002 in this Court In which by an interim order dated 28.6.2002 the petitioner was directed to be interviewed provisionally vide Annexure -9. The interview took place on 2.7.2002 and it is alleged that the petitioner did excellently but she has not been selected. In para 13 it is alleged that five recommendations were made, four from Varanasi district. It is alleged that this was because Sri R. P. Singh, member of the Commission belong to Varanasi and he exercised his influence for this purpose. It is alleged that the candidates who have been recommended are very low in merit as compared to the petitioner.
(3.) A counter -affidavit by the Commission has been filed and we have perused the same. It is alleged that seven posts of Lecturers in Music were advertised five in general category and two In S.C. Category. In para 2 (g) of the counter -affidavit it is stated that there could not be any reservation for handicapped category because the reservation rule permits only 1% quota. Since there were only five posts in general category hence there could not be any reservation. The petitioner was considered by the Interview Committee as a general candidate but she did not have the requisite merit in interview and hence could not be selected. In fact she was short listed.;