Allahabad HC Grants Interim Relief To Candidate Having Disability Of One Arm & Leg For Appearing In UP Judicial Exam
The Allahabad High Court, Lucknow Bench has recently granted interim relief to a candidate who was having a disability of one arm and one leg for the purpose of appearing in the U.P, Judicial Service Civil Judge (Junior Division) Examination, 2022.
The petitioner challenged the notification issued by the UP Public Service Commission, Prayagraj, rejecting his application for selection in the U.P. Judicial Service Civil Judge (Junior Division) Examination, 2022.
A Division Bench comprising Justice Ramesh Sinha and Justice Subhash Vidyarthi said, “… as an interim measure, it is provided that the petitioner shall provisionally be allowed to appear in the U.P. Judicial Service Civil Judge (Junior Division) Examination, 2022. 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.”
Advocate Paavan Awasthi appeared on behalf of the petitioner while Additional Chief Standing Counsel R.K. Upadhyaya appeared for the U.P. PSC and Advocate Vijay Dixit appeared for the High Court.
In this case, in December 2022, the U.P. Public Service Commission issued an advertisement inviting applications for selection to the post of Civil Judge (Junior Division), for a total of 303 vacancies. The petitioner applied in pursuance of the advertisement against the vacancies reserved for persons with disabilities and his application was rejected by means of the order passed in January 2023.
The order stated that the candidate may prefer an appeal against the order of rejection and hence, he preferred an appeal but no decision was taken on his appeal. He pleaded that in the online application form provided by the Commission, there was a specific option under the ‘physically handicapped category’ for disability of ‘one arm and one leg’.
The High Court after hearing the contentions of parties observed, “Sri R.K. Upadhyaya, the learned counsel for the U.P. Public Service Commission has stated that the petitioner’s appeal filed against the order dated 27.01.2023 has been rejected but neither a copy of the same, has been sent to the petitioner nor could Sri Upadhyaya place a copy before the Court for its perusal.”
The Court noted that such a matter requires consideration and hence, directed the respondents to file a counter affidavit within a period of four weeks. The Court, therefore, listed the matter on April 3, 2023.
Accordingly, the Court granted interim relief to the petitioner.
Cause Title- Krashn Kant Singh v. State of U.P. Thru. Addl. Chief Secy. Law Deptt. Civil Sectt. Lko. and 5 Others