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2021 Supreme(All) 407

NEERAJ TIWARI
Prashant Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Uma Dutt Shukla, Radha Kant Ojha (Senior Adv)
For the Respondent: C.S.C., M.N. Singh, Nisheeth Yadav

JUDGMENT :

1. Heard Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri B.D. Pandey, learned counsel for the petitioner, learned standing counsel for the respondent no.1 and Sri Nisheeth Yadav, learned counsel for the respondent no.2.

2. Sri Radha Kant Ojha, learned Senior Advocate submitted that Uttar Pradesh Public Service Commission (hereinafter referred to as “Commission”) has advertised the vacancies vide advertisement No. A2/E-1/2018 dated 6.7.2018. Petitioner is physically handicapped candidate and in this regard, a certificate was issued to him from the office of Chief Medical Officer, Sultanpur on 10.9.2015, therefore, he had applied against the said advertisement under physically handicapped category. Accordingly, he deposited examination fee of Rs. 25/-, which was prescribed for physically handicapped candidate. He next submitted that he had appeared in preliminary examination, result of which declared on 30.3.2019 and he was found successful. He was issued marksheet of preliminary examination showing him under general/physically handicapped category. After being successful in preliminary examination, petitioner had filled up main examination form mentioning his c

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