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2024 Supreme(All) 405

ARUN BHANSALI, ATTAU RAHMAN MASOODI
Manvendra Singh – Appellant
Versus
State of U. P. , Thru. Addl. Chief Secy. Medical Health U. P. Lko. – Respondent


Advocates Appeared:
For the Appellant : Praveen Tripathi, Sudha Pal.
For the Respondent: C.S.C., Raj Kumar Upadhyaya (R.K. Upadhyaya).

JUDGMENT :

Arun Bhansali, CJ..

1. This appeal is directed against the judgement dated 18.01.2024 passed in Writ A No. 13611 of 2021, whereby writ petition, filed by the petitioner-appellant against the rejection of his candidature as a person with disability, has been rejected.

2. The petitioner applied for the post of Homeopathic Medical Officer pursuant to advertisement dated 18.05.2018, whereby 494 posts were advertised, which were later increased by notification dated 09.08.2018 to 596 posts. Out of the said 596 posts, 319 posts were unreserved, 169 were reserved for other backward classes, 99 posts were reserved for scheduled caste category candidates and 9 posts were reserved for scheduled tribe category candidates. The horizontal reservation was, 118 posts for women candidates, 11 posts for dependents of freedom fighters and 17 posts for physically handicapped persons with disability (O.L.-9, PB-8).

3. A preliminary screening of the candidates was conducted, in which category wise candidates in the ratio of 1 : 3 were short listed for interview on the basis of merit with minimum cut off marks for each category. The candidates who could not secure minimum cut off marks in their r

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