Sudhir Agarwal, J. - (1.) HEARD learned counsels for parties and perused the record. The writ petition is directed against the order dated 28.9.1993 passed by Additional Director of Education (Secondary) cancelling appointment of petitioner as Kursi Bunkar against a Class IV post in the pay -scale of Rs. 750 -940 by order dated 30.5.1993.
(2.) COUNSEL for petitioner submitted that he was appointed in the quota meant for physically handicapped persons. Petitioner has relied on provisions of Section 32 and 33 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "Act, 1995") read with U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex -Servicemen) Act, 1993 (hereinafter referred to as "Act, 1993"). However despite repeated query, learned counsel for petitioner could not place any averment in the writ petition to show that vacancy in which he was appointed was ever advertised or the procedure prescribed for appointment on a Class IV post was followed.
(3.) THE procedure of recruitment and appointment on a Class IV post is provided under Group 'D' Employees Service Rules, 1985 (hereinafter referred to as "Rules, 1985"). From the record, it appears that abruptly a list of physically handicapped persons was prepared and thereafter appointment letters were issued and noticing these facts, appointments have been cancelled by means of impugned order dated 28.9.1993.;