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2021 Supreme(HP) 665

JYOTSNA REWAL DUA
DINESH KUMAR S/O SH. KRISHAN DASS – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH ADDITIONAL CHIEF SECRETARY (FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA – Respondent


Advocates Appeared:
For The Appellant :SHRI MALAY KAUSHAL, ADVOCATE
For The Respondent:SH. VIKRANT CHANDEL, DEPUTY ADVOCATE GENERAL, SMT. BHAWNA DUTTA, ADVOCATE

ORDER :

Respondent No. 4 was selected and appointed by respondent No. 2 as Clerk against the advertised vacancy reserved for visually handicapped visual impaired (Low Vision). The selection and appointment has been assailed by the petitioner in the instant petition on the ground that disability of respondent No. 4 fell in category of ‘blindness’ and he was 100% visually handicapped, whereas the post was reserved for ‘low vision’ visually impaired.

2. Facts

2(i) Respondent No. 2 i.e. H.P. State Civil Supplies Corporation Limited issued an advertisement on 5.12.2014 inviting applications from eligible persons for the post of Clerk to be filled-up on contract basis. The post was meant for visually handicapped persons VI (Low Vision). The eligibility conditions prescribed in the advertisement were as under:

    (a) The candidate must be in possession of graduate degree from a recognized university.

(b) The candidate should be bonafide resident of Himachal Pradesh.

(c) The candidate must have been declared visually handicapped by the competent authority.

(d) The age of the candidate should not be over 45 years as on 1.1.2014.

The advertisement also stipulated that the interested candidates having

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