Court No. - 3
Case :- WRIT - A No. - 7122 of 2018 Petitioner :- Brijesh Kumar Tripathi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Ramesh Chandra Dwivedi, learned counsel for the petitioner and Sri Awnish Tripathi, learned counsel for the U.P. Public Service Commission.
The U.P. Public Service Commission issued an advertisement bearing Advertisement No. A-2/E-1/2015 on 29.04.2015 inviting applications for the appointment on the post of Assistant Prosecutor.
The advertisement provided for the reservation of certain vacancies in the physically handicapped quota, as under:-
(i) 03 for one arm (OA)
(ii) 04 for partialy blind (PB)
(iii) 04 for partialy deaf (PD) No seat was notified reserved for one legged person.
The Assistant Prosecution Officer Examination- 2015 was held and the petitioner also appeared but has not been selected.
The petitioner contends that he had applied as a physically handicapped person in the category one leg (OL). The last selection in the physically handicapped quota was made of a candidate securing 191 marks. The petitioner secured 195 marks but was not not selected. He therefore moved a representation to the Commission which has been rejected vide order dated 6th December, 2017 stating that under the physically handicapped quota there was no reservation for one legged person and therefore, petitioner is not entitled to the selection even if he has obtained more than 191 marks.
Since as per the advertisement, there was no specific reservation for physically handicapped person in the category OL, the petitioner is not entitle for any reservation and his candidature has to be considered in general terms.
The writ petition as such has no merit and is dismissed.
Order Date :- 28.2.2018 Israr