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2005 Supreme(All) 330

S.R.ALAM, B.S.CHAUHAN, SUNIL AMBWANI
Sarika – Appellant
Versus
State of U. P. – Respondent


Advocates:
AMIT STHALEKAR, Archana Tyagi, Ashok Khare, PANKAJ KUMAR TYAGI, SUDHIR AGRAWAL,

SUNIL AMBWANI, J.

( 1 ) IN Vinod Kumar Rai v. Public Service Commission, U. P. , Allahabad, 20o2 (2) ESC 143 (All), a Division Bench of this Court held that the Full Court of the Allahabad High Court in its resolutions dated 17. 3. 1993 and 7. 3. 1998 while approving the draft Rules for making U. P. Judicial Service Rules, 2001, had given consent for reservation in favour of physically disabled persons in recruitment to the judicial service, and thus there is 3% reservation in favour of physically disabled persons in accordance with U. P. Public Service (Reservation for Physically disabled, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (U. P. Act No. 4 of 1993 ). The Division Bench further held that this reservation for physically disabled persons must be read harmoniously with Rule 20 of the U. P. Judicial Service Rules, 2001, which provides that no person should be appointed as member of the service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties as a member of the service. The benefit of the reservation could, however, be given to only those persons, who are free from a




















































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