D.K.Seth, J. - (1.) The petitioner was successful in the examination conducted for selection to the post of Excise Inspector and was also called on for interview, but ultimately the appointment was refused to him on the ground that he was not physically fit.
(2.) Mr. N.D. Kesari, learned Counsel for the petitioner, contends that physical unfitness will not stand in the way of petitioner's discharging his duties in the post of Excise Inspector. According to the learned Counsel, the defect is not a defect which could affect efficient performance of duties by the petitioner, therefore, the petitioner should have been given appointment on the said post.
(3.) Mr. Kesari secondly contends that the petitioner is also eligible for such appointment by reason of Government Order dated 18.7.1972 intending to create 2% reservation in all services under the Government for physically handicapped persons. By a Government Order dated 20th May, 1978 the Government of Uttar Pradesh while affirming the reservation of 2% posts for the appointment of disabled persons in all the services under the Government defined who, a physically handicapped person, was and added he allowing instructions : "That in this context, I have to make it clear that the physical disability should not be of the nature which may cause interference in discharge of duties and obligations attached to the concerned service. Accordingly, if the service is as such that it require continuous use of eye, then in such case reservation cannot be given to the blind persons. In the same manner if some services specifically involves the hearing faculty, then no reservation can be given to the deaf persons in such services and in a service where the use of a particular organ of the body is to be used then the person disabled of that particular organ cannot be given reservation in that service. On the basis of the principle every department will issue necessary orders regarding reservation for the post under their subordination.";