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2012 Supreme(P&H) 657

SURYA KANT
Supreet Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent


Advocates:
For the Petitioner:Mr. Gurpeet Singh, Advocate and Mr. Susheel Gautam, Advocate.
For the Respondent Nos.1 to 3:Mr. P.S. Thiara, Advocate.
For the Respondent No.4:Mr. V.K. Shukla, Advocate.

JUDGMENT

Mr. Surya Kant, J. (Oral) - The petitioner is a specially abled person who suffers with 50% permanent disability due to Cerebral Palsy C Hemiparesis. The Medical Certificate dated 12.7.2006 (Annexure P-2) is on record to this effect.

2. The petitioner must be credited with the fact that he did not allow the physical deformity to come in his way and took it as a challenge to complete his Degree in Civil Engineering. He applied for the post of Assistant Engineer (Civil) advertised vide Annexure P-1 by the erstwhile Punjab State Electricity Board. The Advertisement expressly contemplated reservation for specially abled person (wrongly descripted as physically handicapped). It was further stipulated in the Advertisement that there were total 10 posts of Assistant Engineer (Civil) including 5 posts reserved for different categories like Scheduled Caste, Ex-Servicemen, Specially Abled Person(s) and Backward Class etc. In this manner, only one post was required to be filled in from amongst the category of Specially Abled Person. The petitioner accordingly applied and competed for the above mentioned reserved post.

3. There is indeed no dispute that the petitioner stood first in t









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