Yashwant Varma, J. - (1.) Heard Sri V.K. Singh learned senior counsel for the petitioner and the learned Standing Counsel. This writ petition impugns an order dated 26 August 2016 in terms of which the absorption of the petitioner under the U.P. Collection Amin's Service (Seventh Amendment) Rules, 2015 has been turned down on the ground that the petitioner does not fall within the Physically Handicapped category as mentioned and encompassed in the Government Order dated 13 January 2011. The order holds that the petitioner does not fall under the category of "OA" or "PD". These abbreviations are further explained in the order itself with "OA" to mean "one arm effected" and "PD" to be "partial deaf".
(2.) Sri V.K. Singh, learned Senior Counsel has submitted that quite apart from the Government Order seeking to restrict the Physically Disabled to these two categories alone being contrary to the mandate of Section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the view taken by the respondents is liable to be set aside even on admitted facts.
(3.) Elaborating upon his submissions, Sri Singh has referred to the disability certificate which the petitioner holds which certifies that he suffers from a "loco motor disability" to the extent of 45%. Insofar as the Government Order dated 13 January 2011 is concerned, it spells out the physical handicaps and explains the term "OA" as follows:;