Full Judgment Text
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CASE NO.:
Appeal (civil) 6168 of 2001
PETITIONER:
Bhudev Sharma
RESPONDENT:
District Judge, Bulandshahr & Anr
DATE OF JUDGMENT: 31/10/2007
BENCH:
A.K. Mathur & Markandey Katju
JUDGMENT:
J U D G M E N T
MARKANDEY KATJU, J.
1. This appeal has been filed against the impugned judgment of the
Allahabad High Court dated 23.05.2001 in Special Appeal No. 445 of 2001.
Heard learned counsel for the parties and perused the record.
2. The appellant is a blind man. He appeared in the recruitment test held
in the year 1992 for selecting candidates for Class-III Posts in Bulandshahr
Judgeship in U.P. However, he was not selected and hence he filed a writ
petition which was allowed by a learned Single Judge of the Allahabad High
Court by his judgment dated 25.09.1997. Against that judgment the State
Government filed a letters patent appeal which has been allowed by the
impugned judgment by the Division Bench. Hence this appeal.
3. The appellant has relied on G.O. dated 26.08.1993 which is Annexure
P-I to this appeal. That G.O. states that the U.P. Government has reserved 2
per cent posts for physically handicapped persons for direct recruitment in
all groups of Government services. The physically handicapped persons are
those who are blind, deaf and dumb and otherwise handicapped. There were
altogether 30 posts for which the selection was held. 2 per cent of 30 is 0.6.
Since 0.6 is more than half we round it off and hold that one out of the 30
posts is reserved for physically handicapped persons. Since there was no
other physically handicapped person who applied, in our opinion, the
appellant was entitled to the post reserved for physically handicapped
persons.
4. In this view of the matter, the appeal is allowed, the impugned
judgment of the Division Bench is set aside and it is directed that the
appellant be appointed on a Class-III Post in Bulandshahr Judgeship
forthwith.
5. We are informed that the appellant is already working on the post in
view of the interim order of this Court. Hence he shall be regularized and
allowed to continue working as a regular Class-III employee and shall be
given all the consequential benefits.