Holding

The appellant, being the sole physically handicapped candidate, is entitled to the one post reserved under the 2% reservation and must be appointed and regularized.

Summary

The appellant, a blind man, applied for a Class‑III post in the Bulandshahr Judgeship in 1992 but was not selected. He filed a writ petition invoking the Uttar Pradesh Government Order dated 26‑08‑1993, which reserves 2% of posts for physically handicapped persons. The High Court initially ordered his appointment, which was later set aside by a Division Bench. On appeal, the Court held that 2% of the 30 available posts equals 0.6, which rounds up to one reserved post, and since the appellant was the only physically handicapped applicant, he was entitled to that post. The appeal was allowed, the Division Bench judgment set aside, and the appellant directed to be appointed and regularized in the post.

Issues considered

Whether the appellant is entitled to the post reserved for physically handicapped persons under the 2% reservation as per the U.P. Government Order dated 26‑08‑1993.
How the 2% reservation should be calculated when the result is a fractional number (0.6) and whether it should be rounded up to one post.

Subjects

reservationphysically handicappedemploymentClass‑III postsUttar Pradeshgovernment orderappointmentregularisation

Judgment

A BHUDEVS~
V.
DISTRICT Jl.JOGE, BULANOSiiAHR AND ANR.

OCTOBER 31, 2007

. MATHl.J-Ri\ND 1'1ARKANPEY KATJU, JJ.J.
[A.K.
~A
S@rvic~ Lqw-:-:Reservatiqn-Far Physically handicapped "
persons-Selection-For Class III posts-2% posts reserved for
c physically handicappgd-=Single Physically handiq9.p.v.e,d person
applied and appeared in rg~ruitmgnt !~~(,.,.-lp,et;#edappointment-lfeld:
The applicant was ~~titled to be appointed ag_fl.~n~{ ~'1f· ~r:s::;·ved po~·t, -
being the only candidate. ·

~9 p9,sfs wer~ ?PV~rti~~d for Class III Posts in Bulandshahr
D Judg@§llip mV:ri: Ap.p~•l~nt (a blind man) appeared in recruitment
test, btJt W3S not selected. He filed Writ Petition. Single Judge of 1'
High.Court directed his appointment, but the same was set aside by
Division Bench of High Court. Hence the present appeal.
E Allowing the appeal, the Court
HELD: By G.O. dated 26.08.1993 U.P. Government has
reserved 2% posts for physically handicapped persons for direct
recruitment in all groups of Government services. The physically
handicapped persons are thos~ whg 3f~ blind, deaf and dumb and
F otherwise handicapped. There were altogether 30 posts for which
the selection was held. 2 per cent of30 is 0.6. Since 0.6 is more than
half it is rounded off and held that one out of the 30 posts is reserved
for physically handicapped persons. Since there was no other
physically handicapped per~1m_ wtio ~pplied, the appellant was
G ~ntitled to the post reserv'ed for physically handicapped persons. The
;tppellant is already working on the post in view of the interim order
of this Court. Hence he shall be regularized.
[Paras 3 and 5) [731-E, F, G; 732-A)

H 730
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"''TT inJ::v SHARMA v. BISTRJCT JUDGE, BULANQ~HAHR 73 l
tltlUi..n._,,__ -·'"A'T'TTTJl ·-
[MARKANUt Y l\1-\.1 Ju,,,. 1
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6168 of A
2001.
From the final Judgment and Order dated 23,5,2001 of the High
Court of Judicature at Allahabad in Special Appeal No. 445 of200I.
Gaurav Jain and Abha Jain for the Appellant. B

Ashok K. Srivastava for the Respondent.
The Judgment of the Court was delivered by
MARKANDEY KATJU, J. 1. This appeal has been filed ag~inst c;
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 D
Bulandshahr Judgeship in U.P. However, he was riot 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 E
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 F
recruitment' in all groups of Government services. The physically
handicapped persons are those who are blind, deaf and dumb and
otherw·ise 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 G
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 v.iew of the matter, the appeal is allowed, the impugned
H
1
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732 SUPREME COURT REPORTS [2007] 11 S.C.R.

A 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 infonned that the appellant is already working on the post
in view of the interim order of this Court. J:Ience he shall be regularized
B and allowed to continue working as a regular Class-III employee and
shall be given all the consequential bene~~· )..,_
K.K.T. Appeal allowed.
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