- (1.) THIS special appeal has been filed against the judgment and order of the learned Single Judge dated 24. 1. 2008 by which the writ petition filed by the appellant claiming appointment in reserve category being physically handicapped has been dismissed on the ground of suitability as the appellant-petitioner secured only 44 marks out of maximum 120 marks in the preliminary examination.
(2.) THE facts giving rise to this appeal are that this Court vide advertisement dated 31. 5. 2006 invited applications for 150 posts for direct recruitment on the post of Assistant Review Officer in its establishment. The reservation provided by the State Government for physically handicapped persons was given effect and the advertisement itself provided that five posts were reserved for physically handicapped candidates. Petitioner-appellant appeared in the examination, but secured only 44 marks out of 120 marks and could not qualify as the selection committee had prescribed 55 per cent as qualifying marks. Being aggrieved, the petitioner-appellant filed the writ petition which was dismissed vide judgment and order dated 24. 1. 2008. Hence this appeal,
(3.) SHN Arun Kumar, learned Counsel for the appellant-petitioner has submitted that in view of the provisions contained in the "the U. P. Public servants (Reservation for Physically Handicapped, Dependent of Freedom fighters and Ex-servicemen) Act 1993 and the Disabilities ({equal Opportunities protection of Rights and Full Participation) Act, 1995 (hereinafter called the Acts, 1993 and 1995 respectively), the respondents were bound to consider the candidature of the appellant-petitioner in spite of his lower merit. It is submitted that the selection committee was not competent to prescribe any minimum percentage as qualifying marks, hence the appeal deserves to be allowed.;