Sudhir Agarwal - (1.) -Heard Sri A. K. Singh, learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) THIS writ petition has been filed under Article 226 of the Constitution of India assailing order dated 29th November, 2004 passed by the Principal, District Teachers Training and Educational Institution, Deoria cancelling petitioner's admission in Special B.T.C. Course, 2004 on the ground that she got her admission in physically handicapped quota, though on the scrutiny the certificate submitted by the petitioner, it was noted that she suffered only 20% disability and as per Government order dated 30th September, 2000 a person who suffered disability above 40% can only be given the benefit of the aforesaid quota, therefore her admission was irregular. The learned counsel for the petitioner submits that there was no percentage advertised by the respondents in the advertisement showing that a person must possess 40% or above disability in order to qualify for reservation of physically handicapped candidates and after three months' training, the candidature of the petitioner has been cancelled therefore the impugned order is illegal and liable to be set aside. The learned standing counsel, however submits that as per the Government order dated 30th September, 2000, a copy whereof has been filed as Annexure-3 to the counter-affidavit, the petitioner did not qualify for benefit of reservation meant for physically handicapped persons and therefore her candidature has rightly been cancelled.
(3.) HEARD learned counsel for the parties and perused the record. It is not disputed that the petitioner suffered disability to the extent of 20%. It is also not disputed that she is claiming benefit for physically handicapped quota making necessary endorsement in her application and also necessary medical certificate, which certify her disability to the extent of 20%. At the time of admission also the petitioner produced original certificate which shows 20% disability and thereafter she was selected and granted admission in Special B.T.C. Course against a vacancy meant for physically handicapped persons. However, while undergoing training, after some time, the Principal of the institution, it appears noted that the petitioner's disability was only 20% though as per the Government order dated 30th September, 2000 she ought to have possess disability to the extent of 40% and above. Accordingly, a show cause notice dated 30th October, 2004 was issued which was replied by the petitioner by letter dated 30th October, 2004. Thereafter, the respondent No. 2 passed impugned order dated 29.11.2004 cancelling her candidature.;