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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
ABDUL MOIN
Ram Kumar S/O Mani Ram – Appellant
Versus
State Of U.P. Thru Prin. Secy. Panchayat Raj – Respondent
| Table of Content |
|---|
| 1. details of the appointment process and petitioner’s claims. (Para 5 , 8 , 18) |
| 2. petitioner's arguments against the denial of appointment. (Para 6 , 9 , 10 , 11 , 20 , 21) |
| 3. observations on the legal provisions regarding disabilities. (Para 13 , 14 , 15 , 16 , 17) |
| 4. ratio regarding the applicability of government orders. (Para 19) |
| 5. final dismissal of the writ petition. (Para 23) |
JUDGMENT :
Abdul Moin,J.
1. Supplementary affidavit filed today in Court by the learned Standing Counsel is taken on record.
2. Learned counsel for the petitioner states that he does not intend to file any objection to the aforesaid affidavit and prays that the matter may be heard finally.
3. Accordingly, the Court proceeds to hear and decide the matter finally.
4. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
5. The facts of the case have already been noted in detail in the order dated 23.07.2025. For the sake of convenience, the relevant extract of the order dated 23.07.2025 is reproduced below:-
“1. Heard.
2. The facts of the case have already been noted in detail in the order dated 09.05.2025 which, for the sake of convenience, is reproduced below:-
Identification of posts for disabled persons under Section 32 governs reservation of vacancies. No error found in refusal to appoint petitioner due to lack of appropriate post identification for loco....
Disability – 3% reservation is to be in an establishment and not in all cadres of an establishment irrespective of nature of job.
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....
Eligibility for appointment in reserved categories depends on the specific nature of disability as defined by law, not merely on the candidate's performance.
The exemption from the statutory rule of reservation for persons with disabilities could not have been issued in the manner as provided under Rule 5(a) of the A.P. Transport Subordinate Service Rules....
The main legal point established in the judgment is the failure of the Union of India to implement the provisions of the PWD Act, 1995, and the court's invocation of Article 142 of the Constitution o....
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....
The court ruled that authorities must declare separate cut-off marks for physically handicapped candidates to ensure fair representation as per statutory mandates.
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