Allahabad High Court
Krishna Murari Tripathi [772 Revp 2014] ... vs State Of U.P. Thru Secy.Rural ... on 3 January, 2017
Bench: Amreshwar Pratap Sahi, Devendra Kumar Upadhyaya
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH A.F.R Reserved Case :- SPECIAL APPEAL DEFECTIVE No. - 498 of 2016 Appellant :- Krishna Murari Tripathi [772 Revp 2014] [2368 S/S 2008] Respondent :- State Of U.P. Thru Secy.Rural Development Govt.Of Up & Ors. Counsel for Appellant :- Jai Prakash Tripathi,Anand Mani Tripathi Counsel for Respondent :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Devendra Kumar Upadhyaya,J.
(Delivered by Hon'ble D.K. Upadhyaya, J.) Cause shown in the affidavit filed in support of the application seeking condonation of delay in filing the Special Appeal is sufficient.
The delay is condoned.
This special appeal has arisen out of an order passed by Hon'ble Single Judge on 12.09.2014 dismissing Writ Petition No.2368 (S/S) of 2008 which was filed by the appellant with the prayer to direct the respondents to consider his case for appointment on the post of Village Development Officer giving him the benefit of reservation as applicable to the handicapped persons.
The appellant has also challenged the order dated 26.02.2016 whereby the petition seeking review of the judgment and order dated 12.09.2014 has been rejected.
In the year 1998, the respondents advertised 42 posts of Village Development Officer to be filled in by way of direct recruitment. While advertising the posts, it was provided that reservation to different categories of applicants will be applied in terms of the Government Orders/Rules. The appellant submitted his application and claimed reservation available to handicapped persons. The appellant qualified the written examination as open category candidate and also appeared in the interview, however, he could not finally be selected. The appellant thereafter filed Writ Petition No.1399 (S/S) of 1999 which was finally disposed of by this Court on 06.12.2006 permitting the petitioner to make a representation to the competent authority for ventilation of his grievances and directing further that in case any such representation is submitted by the appellant, the same shall be decided in accordance with law keeping in view the circulars and orders relating to providing reservation to handicapped persons. In compliance of the order dated 06.12.2006 passed by this Court, representation was decided by the District Development Officer, Balrampur by means of an order dated 31.01.2008 rejecting the claim of the appellant against which the appellant preferred Writ Petition No.2368 (S/S) of 2008 which was dismissed by Hon'ble Single Judge by means of the order dated 12.09.2014. The review petition filed against the said order has also been dismissed by Hon'ble Single Judge on 26.02.2016.
The issue for consideration in this case is as to whether in terms of the provisions contained in Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 (herein after referred to as 'the Act, 1993'), the appellant is eligible to be given the benefit of reservation in the category of physically handicapped persons or not. Section 3 of the Act, 1993 provides that in public services and posts in connection with the affairs of the State, 5% vacancies at the stage of direct recruitment shall be reserved in favour of (i) physically handicapped, (ii) dependents of freedom fighters, and (iii) ex-servicemen. Sub section 2 of Section 3 of the said Act provides that the respective quota of the categories shall be such as the State Government may from time to time determine by a notified order. Sections 3(1) and (2) of the Act, 1993 are quoted herein below:-
3.Reservation of vacancies in favour of physically handicapped etc.-(1) In public services and posts in connection with the affairs of the State there shall be reserved five percent of vacancies at the stage of direct recruitment in favour of-
(i) physically handicapped,
(ii) dependents of freedom fighters, and
(iii) ex-servicemen.
(2) The respective quota of the categories specified in sub-section (1) shall be such as the State Government may from time to time determine by a notified order."
Section 3 of the Act, 1993 was, however, amended with effect from 9th July, 1997 by U.P. Act No.6 of 1997.
The amended section 3 of the Act provides that reservation to different categories of candidates shall be provided at the stage of direct recruitment in such public services and post as the State Government may identify by notification to the extent of 1% of the vacancies in each category. Such reservation to the extent of 1% of vacancies has thus, been made available or the different categories of persons suffering from (i) blindness or low vision; (b) hearing impairment; and (c) locomotor disability or cerebral palsy. The relevant portion of Section 3 of U.P. Act No.6 of 1997 is quoted herein below:-
"3. Amendment of Section 3-In Section 3 of the principal Act,-
(a) for sub-section (1) the following sub-section shall be substituted, namely,:-
(1) There shall be reserved at the stage of direct recruitment,-
(i) in public services and post two percent of vacancies for dependents of freedom fighters and one percent of vacancies for ex-servicemen;
(ii) in such public services and posts as the State Government may, by notification, identify one percent of vacancies each for the persons suffering from,-
(a) blindness or low vision;
(b) hearing impairment; and
(c) locomotor disability or cerebral palsy.
(b) sub-section (2) shall be omitted."
Thus, a bare reading of the amendment introduced in the Principal Act clearly establishes that reservation to different categories of physically handicapped persons suffering from blindness or low vision or hearing impairment and locomotor disability or cerebral palsy shall be available only in such public services and posts as the State Government may identify.
The District Development Officer, Balrampur while passing the order on 31.01.2008 rejecting the claim of the appellant has stated that in terms of the provisions contained in amended section 3 of the Act, the post of Gram Vikas Adhikari was not identified at the relevant point of time where reservation from amongst the physically handicapped persons could be provided. A Government Order dated 07.05.1999 is on record wherein the posts where reservation for physically handicapped person is to be provided have been identified in terms of section 32 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 read with amended section 3 of the U.P. Act of 1993 have been identified. The post of Village Development Officer does not find mentioned in the said Government Order and hence the order dated 31.01.2008 passed by the District Development Officer, Balrampur cannot be faulted with.
Reservation to the physically handicapped candidates is available only against the posts and services to be identified by the State Government by way of a notification. In absence of posts of Village Development Officer having been identified, the claim of the appellant for being provided reservation in the physically handicapped category is not made out. In these circumstances, we are not inclined to interfere in the orders passed by Hon'ble Single Judge which are under challenge in this special appeal.
The special appeal is, thus, dismissed.
Order Date :- 3.1.2017 akhilesh/-
[Devendra Kumar Upadhyaya,J.] [Amreshwar Pratap Sahi,J.]