Allahabad HC grants interim relief to candidate with disability of One Arm and One Leg to appear in UP PCS J exam

The Allahabad High Court at Lucknow bench today granted interim relief to a candidate disabled by one leg and one arm to appear in the upcoming UP PCS J Exam-2022 scheduled on Sunday, February 12, 2023.

The petitioner's candidature had been rejected on the ground that he did not fall under the 8 specified categories provided under the advertisement for the exam, therefore, he challenged the notification of the exam before the high court. 

Appearing for the petitioner candidate, his counsel Advocates Paavan Awasthi and Prashast Puri apprised the court that in the online application form as provided by the Uttar Pradesh Public Service Commission, there was a specific option under the ‘Physically Handicapped’ Category for disability of ‘one arm and one leg' (OAL). 

The petitioner submitted his application applying in the category of OAL, however, the Commission, vide notification dated January 27, 2023 rejected the candidature and participation of the petitioner solely on the ground that disability of the petitioner did not fall under the 8 specified categories as provided under the impugned advertisement.

On January 27, the Commission had issued a notification stating that candidates falling in eight subcategories of physically handicapped persons, namely L.V, H.H., O.A., O.L., B.L., L.C., D.W. and A.A.V. options had been identified as suitable for being appointed as Civil Judge (Junior Division).

The list did not include the OAL category. Accordingly, applications of the candidates who belong to sub categories different from the identified sub categories, were rejected.

The counsel for the petitioner also informed the court that an appeal against the order of rejection of the petitioner's candidature had been filed on January 31, 2023, however, no decision taken on his appeal had been communicated to the petitioner.

The petitioner's counsel further contended that rejection of the application of the petitioner on the ground that he is suffering from the disability of one arm and one leg would amount to discrimination amongst the persons suffering from locomotor disabilities.

The counsel contended that the advertisement mentioned that four percent of the vacancies are reserved for persons with benchmark disabilities, including ‘locomotor disability of one arm, one leg and both legs’. "It does not say that the candidate should be suffering from only one of the three disabilities, mentioned in the advertisement," they argued. 

The counsel further submitted that the petitioner is capable of working by sitting, by standing, by walking, by seeing, by reading and writing and by communicating, as required in the explanation appended to the vacancies for handicapped persons mentioned in the advertisement and, therefore, he is fully eligible for being considered for his appointment.

Counsel for the U.P. Public Service Commission Adv. R.K. Upadhyaya informed the court that the petitioner’s appeal filed against the order dated January 27, 2023, has been rejected.

However, the bench of Justice Subhash Vidyarthi and Justice Ramesh Sinha noted that neither a copy of the appeal rejection order has been sent to the petitioner nor could the counsel for the Commission place a copy before the court for its perusal. 

Therefore, while opining that the matter requires consideration, court sought respondents' counter affidavit within a period of four weeks and directed that the rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

The matter will be next heard in the week commencing April 3, 2023.

Furthermore, while granting the interim relief to the petitioner, court clarified that the result of the examination, so far as it concerns the petitioner, shall be subject to the further orders to be passed in this petition. 

Case Title: Krashn Kant Singh v. State Of U.P. Thru. Addl. Chief Secy. Law Deptt. Civil Sectt. Lko. And 5 Others

Statute: Section 3 (3), Section 20 (1), Section 34,  of the Rights of Persons with Disabilities Act, 2016; U.P. Public Services Commission (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993; U.P. Judicial Service Rules, 2001