- (1.) SUDHIR Agarwal, J. Heard Sri Vikas Budhwar appearing for the petitioner and learned Standing Counsel for respondents Nos. 1, 2 and 3.
(2.) THE petitioner is Booking a writ of certiorari quashing the impugned order dated 6-1-2005 passed by respondent No. 1 and the consequential order dated 26-5-2005, passed by respondent No. 3, denying appointment to the petitioner on the post of Excise Inspector on the ground that there is no reservation for physically handicapped persons on the said post and the petitioner's physical disability to the extent of 45% would create obstruction in effective discharge of duties as Excise Inspector and as such, he is unfit for appointment to the post of Excise Inspector. Learned Counsel for the petitioner submitted that the U. P. Public Service Commission (hereinafter referred to as "the Commission") advertised the post of Excise Inspector wherein para 6 it was mentioned that the reservation for scheduled castes, scheduled tribes, backward classes, physically handicapped persons, ex-serviceman and dependants of freedom fighters shall be made applicable in accordance with Uttar Pradesh Public Services (Scheduled Castes, Scheduled Tribes and other Backward Classes Reservation) 1994 and U. P. Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-servicemen) Act, 1993 hereinafter referred to as the 1993 Act ). It is submitted that pursuant to the said advertisement the petitioner applied for the post of Excise Inspector as physically handicapped person submitting his certificate verifying 45% physical disability and the Commission selected him for the said post against the quota reserved for physically handicapped candidates, but respondents No. 1, 2 and 3 have denied appointment to the petitioner on the ground that he is physically unfit to perform the duty of Excise Inspector and there is no reservation for the said post in respect of physically handicapped persons. It is not disputed that recruitment of various categories of posts including Excise Inspector in Excise Department is governed by the UP. Subordinate Excise Service Rules, 1992 (hereinafter referred to as the 1992 Rules ). Rule 6 of the 1992 Rules provides provides for reservation which reads as under : " (6) Reservation.- Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of recruitment. "
(3.) RULE 13 of 1992 provides for physical fitness which reads as under : "physical fitness.- (1) No candidate shall be appointed to a post In the service unless he be In a good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to produce a medical certificate of fitness in accordance with the rules framed under Fundamental RULE 10 as contained in Chapter III of the Financial Handbook, Volume II, Part III : Provided that a medical certificate of fitness shall not be required from 3 candidate recruited by promotion. (2) No person shall be recruited directly or by promotion to the service : (i) Whose chest measurement is less than 81. 2 centimetres unexpanded and 86. 2. centimetres expanded. (ii) Whose height is less than 167 centimetres or less than 162 centimetres in the case of the candidates recruited by promotion or belonging to Kumaon Division and Dehra Dun, Chamoli, Tehri Garhwal, Pauri Garhwal and Uttar Kashi districts : Provided that physical requirements in the case of female candidate will be the same as prescribed for the female police Sub-Inspectors. The physical requirements are given in Appendix 'b'. Section 3 of 1993 Act provides for reservation of vacancies in favour of physically handicapped etc. , arid the relevant provision contained in Section 3 (1) (ii) reads as under : Reservation for physically handicapped persons has been provided in the 1993 Act and Section 3 (1) (ii) thereof reads as under : "3. Reservation of vacancies In favour of physically handicapped etc.- (1) There shall be reserved at the stage of direct recruitment - (i ). . . . . . . . . . . . . . . . . . . . (i-a ). . . . . . . . . . . . . . . . . . . (ii) in such public services and posts as the State Government may, by notification, identify one per cent of vacancies each for the persons suffering from, - (a) blindness or low vision; (b) hearing impairment; and (c) locomotor disability or cerebral palsy. ";