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2008 Supreme(All) 45

ASHOK BHUSHAN
ASHOK KUMAR TIWARI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Manish Goyal for the Petitioners; K.S. Kushwaha, P.K. Pandey, S.C. for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—Heard Sri Manish Goyal, learned Counsel for the petitioner and Sri K.S. Kushwaha, learned Standing Counsel appearing for the State respondents and Sri P.K. Pandey, learned Counsel appearing for National Federation of Blinds respondent No. 13.

2. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of learned counsel for the parties, the writ petition is being finally decided.

3. By means of present writ petition, the petitioner has prayed for quashing the merit list filed as Annexure 1-A to 1-K issued by the Principals of different DIETs insofar as they deal with the category of handicapped persons. A writ of mandamus has also been sought for commanding the respondents to treat the reservation of handicapped persons as 3% in each and every class uniformly. A further mandamus has also been sought for commanding the respondents No. 2 to 12 to place handicapped persons in General Category where the marks fall within the cut-off marks of General Category candidate.

4. The brief facts of the case as emerged from the pleading of the parties are; that all the petitioners are physically handicapped persons who have app



































































































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