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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Abdul Moin
Prabhat Mishra – Appellant
Versus
State Of U.P. Thru. Secy. Higher Education Govt. U.P. Lko. – Respondent
| Table of Content |
|---|
| 1. petitioner claims appointment as assistant professor. (Para 4 , 5 , 6 , 7) |
| 2. appointment process for reserved categories must ensure inclusiveness. (Para 8) |
| 3. arguments regarding merit list and vacancies. (Para 12 , 14 , 15) |
| 4. legal framework mandates consideration of merit for appointments. (Para 13) |
| 5. court observes merit list procedures. (Para 25 , 27 , 28) |
| 6. authority must declare separate cut-off marks for pwd category. (Para 31 , 34 , 35) |
| 7. court's ruling on entitlement to appointment. (Para 39) |
| 8. court orders appointment within six weeks. (Para 40 , 41) |
JUDGMENT :
Abdul Moin, J.
1. Vakalatnama and counter affidavit filed today by Shri Ran Vijay Singh, learned counsel for the respondent no. 4 is taken on record.
2. Heard Shri Rahul Bajaj, assisted by Shri Taha Bin Tasneem and Shri Harsh Vardhan Kedia, learned counsels for the petitioner, learned Standing Counsel appearing for the respondents no. 1 & 3, Shri Ashwani Kumar Agnihotri, learned counsel for the respondent no.2 and Shri Ran Vijay Singh, learned counsel for the respondent no. 4.
3. At the very outset, learned counsel for the petitioner states that as there are no disputed questions raised in the counter
The court ruled that authorities must declare separate cut-off marks for physically handicapped candidates to ensure fair representation as per statutory mandates.
The central legal point established in the judgment is the interpretation and application of Section 33 of the Persons with Disabilities Act, 1995, regarding the reservation of posts for physically c....
Timeliness and prior adjudication limit the ability to claim reservation under disability provisions in employment contexts.
Employment and Service matter - Post of Lecturer - Appointment of - Court direct Respondents shall consider case of petitioner, in terms of observations made hereinabove, for engagement/ appointment ....
Reservations for physically handicapped candidates are horizontal reservations and do not mandate the preparation of a separate category with declared cut off marks.
The main legal point established in the judgment is that the reservation for PWD candidates is horizontal and candidates must be appointed against vacancies exclusively earmarked for them.
The Court emphasized that physically disabled individuals constitute a unique category entitled to equal treatment without further classification such as caste or religion, mandating adherence to mer....
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