Allahabad HC Allows Blind Candidate to Apply for APO Post

The Allahabad High Court, Lucknow Bench, has directed the Uttar Pradesh Public Service Commission (UPPSC) to accept the application of a blind candidate who was excluded from the ongoing recruitment process for the post of Assistant Prosecution Officer (APO).

A division bench comprising Justice Shekhar B. Saraf and Justice Prashant Kumar passed the order on October 28 while hearing a petition filed by Mohd. Haidar Khan, a visually impaired aspirant. The petitioner had challenged the State’s policy of restricting eligibility for APO vacancies to candidates with low vision, thereby excluding completely blind persons from consideration.

The petitioner argued that the exclusion violated the Rights of Persons with Disabilities Act, 2016, which requires public authorities to provide equal opportunity and reasonable accommodation to persons with all types of disabilities. He contended that with the use of assistive technology and suitable accommodations, the functions of an Assistant Prosecution Officer could be performed by blind candidates as effectively as by others.

The controversy arose from the UPPSC’s advertisement dated September 16, 2025, which invited applications for the post of Assistant Prosecution Officer. Out of seven vacancies reserved for visually impaired candidates, four were specifically limited to the low vision category. This, the petitioner claimed, was based on an earlier government list dated July 30, 2021, that identified the post as suitable only for persons with low vision.

Senior Advocate S.K. Rungta, appearing for the petitioner, contended that the State’s action of excluding blind candidates was “arbitrary, unconstitutional, and contrary to the spirit of inclusivity envisaged under the Disabilities Act". He relied heavily on the Supreme Court’s recent judgment in In Re: Recruitment of Visually Impaired in Judicial Services (March 3, 2025).

On the other hand, the State government opposed the petition, arguing that the last date for submitting applications had already expired on October 16, 2025, and that reopening the process would disrupt the ongoing recruitment schedule.

Rejecting this technical objection, the bench observed that the petitioner had made out a prima facie case and that the “balance of convenience lies in favour of the petitioner". Court emphasized that the issue raised was of serious constitutional significance concerning the right to equality and non-discrimination of persons with disabilities.

Accordingly, the High Court directed the UPPSC (respondent no. 4) to manually accept the petitioner’s application form and permit him to participate in the recruitment process. However, it clarified that his selection, if any, would be subject to the final outcome of the writ petition.

Court also noted that the matter warranted careful consideration, particularly in light of the Supreme Court’s observations promoting inclusivity in government recruitment for visually impaired candidates. It has directed the State government to file a counter affidavit within three weeks, followed by a rejoinder from the petitioner, and listed the matter for the next hearing on January 12, 2026.

Case Title: Mohd. Haidar Khan vs. State of UP and 3 others

Order Date: Justice Shekhar B. Saraf and Justice Prashant Kumar

Bench: October 28, 2025