By the Court - (1.) :- Heard learned counsel for the appellant who seeks to challenge the order dated 12.2.2007 whereby appellant's writ petition has been dismissed by a learned Single Judge.
(2.) The appellant had challenged the appointment of respondent No.5 to this appeal to the post of Siksha Mitra. There is no difficulty in saying that respondent No. 5 suffers from hearing disability and because of this disability he is entitled to some weightage and on account of this factor the complaint made by the petitioner against respondent No.5 was rejected by the District Magistrate, which order was challenged in the writ petition.
(3.) The point is whether the respondent No. 5 was capable of discharging the duties for which he was to be appointed. There is a letter of the Secretary of the Personnel Department of the Government of U.P dated 30.4.1983, which refers to earlier direction dated 20.5.1978 and particularly to Clause-4 thereof which lays down that when a disabled person is given reservation on account of his disability, the said disability ought not to be of such type which may hinder the performance of duties of particular post. It is this certification of the concerned person which is necessary and which we do not find on record.;