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1. Heard Sri Manish Goyal, learned Counsel for the petitioner and Sri K.S. Kushwaha, learned Standing Counsel appearing for the State respondents and Sri P.K. Pandey. learned Counsel appearing for National Federation of Blinds respondent No. 13. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of learned Counsel for the parties, the writ petition is being finally decided.

2. By means of present writ petition, the petitioner has prayed for quashing the merit list filed as Annexure 1-A to 1-K issued by the Principals of different Diets insofar as they deal with the category of handicapped persons. A writ of mandamus has also been sought tor commanding the respondents to treat the reservation of handicapped persons as 3% in each and every class uniformly. A further mandamus has also been sought for commanding the respondents No. 2 to 12 to place handicapped persons in General Category where the marks fall within the cut of marks of General Category candidate.

8. The issues raised in the writ petition are with regard to method of implementation of reservation by different DIETs. The first issue to be considered is as to whether the visual handicapped and audio handicapped are not eligible to be admitted in the Special B.T.C. Training Programme 2007 and as to whether it is only the candidates suffering from locomotor disability who alone are entitled to be admitted in the Special B.T.C. Training Programme 2007. Before proceeding to consider the above issues, it is necessary to refer to relevant provisions of U.P. Act No. 4 of 1993 and Central Act No. 1 of 1996. The U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 was enacted by the State Legislature to provide for the reservation of posts in favour of Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen and for the matters connected therewith or incidental thereto. The Act of 1993 has been amended by U.P. Act No. 6 of 1997 and U.P. Act No. 29 of 1999. Section 3 as amended of Act No. 1993 which is relevant for the present case is being quoted herein below:

15. Article 16 of the Constitution of India which is a species of equality clause of the Constitution of India provides for equality of opportunity for all citizens in matters of public employment. The reservation of appointment or posts in favour of any backward class of citizens is provided under Article 16(4) of the Constitution of India. The reservation for Physically Handicapped Category. Dependants of Freedom Fighters and Ex-service men are the measures taken by the State for achieving the concept of equality of opportunity enshrined under Article 16(1) of the Constitution of India. The Apex Court in Indra Sawhney and Ors. v. Union of India and Ors. reported in 1992 supp (3) Supreme Court Cases 217 had occasion to consider the entire concept of reservation under Articles 14 and 16 of the Constitution of India. The preference referable to Articles 16(4) of the Constitution of India as well as reservation for Physically Handicapped Category and another category referable to Article 16(1) of the Constitution of India were considered by the Apex Court in the said judgment. Hon'ble Mr. Justice B.P. Jeevan Reddy delivering the majority opinion in Indira Sawhney's case has held that Article 16(4) is not exhaustive of the concept of reservation. It was held that in exceptional situations further reservation should be provided under clause of Article 16. A note of caution was sounded in paragraph 744 to the following effect:

16. For giving reservation to Physically Handicapped Category. Dependants of Freedom Fighters and Ex-servicemen, State Legislature has enacted the Act namely The U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993. Section 3 of the said Act provides for reservation at the stage of direct recruitment under such public services and post as the State Government may by notification identify. 1% of vacancies each for person suffering from blindness, low vision, hearing impairment, locomotor and cerebral palsy disabilities. Sub-section (3) of Section 3 provides that persons selected against vacancies reserved in Sub-section (1) shall be placed in the appropriate category to which they belong. Section 3(3) is quoted below: