ivil Appeal No 4460 of 1986
From the Judgment and Order dated 16101985 of the Allahabad High Court in Civil Misc
Writ Petition No 5440 of 1983
SN Kacker and JM Khanna for the Appellant Anil Dev Singh and Mrs
Shobha Dikshit for the Respondents
The appellant is a physically handicapped person
He has an orthopaedic problem
He suffers from a permanent impediment of the left leg the result Of an old compound fracture
His impediment did not prevent him from good academic performance
He went further
He appeared at the combined State Services Examina tion held in February 1982 by the Uttar Pradesh Public Service Commission
According to the advertisement issued by Commission one post in the Provincial Civil Service Execu tive Branch was reserved for handicapped persons
However the appellant was offered the post of Manager Marketing and Economic Survey instead of a post in the Provincial Civil Service Executive Branch
He was not offered a post in the Provincial Civil Service Executive Branch on the ground that the reservation of 2 in the Uttar Pradesh Civil Serv ices for physically handicapped persons had been revoked by the State Government by their letter dated 13
1979 in regard to the Provincial Civil Service Executive Branch
Thereupon the appellant filed a Writ Petition under Article 226 of the Constitution in the Allahabad High Court
The Writ Petition was dismissed by the High Court on the ground that there was no reservation of posts for physically handi capped persons in the Provincial Civil Service Executive Branch
The appellant has come before us under Article 136 of the Constitution
As far back as 1972 the Uttar Pradesh Government by GO No 439066 Apptt 4 dated July 18 1972 announced for the physically handicapped persons the reservation in all the services under the Government shall be 2
 All the Government Departments were directed to follow the policy for reservation in services accordingly
Latter by GO No 741971 Personnel 2 dated May 20 1978 the Government of Uttar Pradesh while affirming the reservation of 2 posts for the appointment of disabled persons in all the services under the Government defined who a physically handicapped person was and added the following instruction That in this context I have to make it clear that the physical disability should not be of the nature which may cause interference in discharge of duties and obligations attached to the concerned service
Accordingly if the serv ice is as such that it require continuous use of eye then in such case reservation cannot be given to the blind per sons
In the same manner if some services specifically involves the hearing faculty then no reservation can be given to the deaf persons in such services and in a service where the use of a particular organ of the body 577 is to be used then the person disabled of that particular organ cannot be given reservation in that service
On the basis of the principle every department will issue necessary orders regarding reservation for the post under their subor dination
 It appears that there was some discussion within the department pursuant to a letter from the Public Service Commission and their was a proposal not to reserve any post for disabled persons in the Provincial Civil Service
This proposal however did not result in the issuance of any GO by the Government
But the Public Service Commission was informed by the Government by their letter dated 13
1979 that none of the categories of disabled persons was suitable for appointment to the UP Civil Service Execu tive Branch and no reservation for disabled persons might be made in the Provincial Civil Executive Branch Service
A perusal of the letter dated 13
1979 indicates that it was confined to recruitment on the basis of Combined State Services Examination 1978
It was not intended to be an amendment of GO No 439066 dated July 18 1972 or GO No 741971 dated May 20 1978
It was not intended to depart from general rule of reservation of 2 posts in favour of disabled persons in the case of the Provincial Civil Service Executive Branch
Again in 1981 the Chief Secretary Government of Uttar Pradesh addressed all the Secretaries to the Government Heads of Departments and Commissioners in Uttar Pradesh pointing out that though a provision for reservation of 2 posts was made for physical ly handicapped persons by GO No 4390 66 dated July 18 1972 in the services under the State Government appoint ments had not been made of handicapped persons in accordance with the reservation
The necessity of making appointments of physically handicapped persons to the reserved posts was impressed upon all the Secretaries Heads of Departments and Commissioners
and it was particularly brought to their attention that 1981 had been declared as the International Year for the Physically Handicapped Persons 
It was also directed that vacancies should be carried forward and ef forts should be made to ensure that the maximum number of physically handicapped persons were appointed
In the face of this communication from the Chief Secretary we think that it is now futile for the Government to contend that the appellant cannot be appointed to the Provincial Civil Serv ice Executive Branch
Having announced their determina tion very rightly too in our opinion to rehabilitate physically handicapped persons by reserving posts for them in all the services of the Government the Government cannot now create needless hurdles
The State Civil Service Execu tive Branch is a large enough service which can easily accommodate physically handicapped 578 persons in suitable posts
A direction will therefore be issued to the Government of Uttar Pradesh to appoint the appellant to the Uttar Pradesh Civil Service Executive Branch with effect from the date on which he should have been appointed in the ordinary course
He will be entitled to all the other service benefits
He is also entitled to costs
The appeal is allowed accordingly
SR Appeal allowed


Summary:
As far back as 1972 the Uttar Pradesh Government by GO No 439066 Apptt 4 dated July 18 1972 announced for the physically handicapped persons the reservation in all the services under the Government shall be 2
AH the Government Departments were directed to follow the policy for reservation in services accordingly
Later by GO No 741971 Personnel 2 dated May 20 1978 the Government of Uttar Pradesh while affirming the reservation of 2 posts for the  appointment of disabled persons in all the services under the Government defined who a physically handicapped person was
Pursuant to a letter from the Public Service Commission there was a proposal not to reserve any post for disabled persons in the Provincial Civil Service
This proposal however did not result in the issuance of any GO by the Government
But the Public Service Commission was informed by the Government by their letter dated 131979 that none of the categories of disabled persure was suitable for appointment to the UP Civil Service Execu tive Branch and no reservation for disabled persons might be made in the Provincial Civil Executive Branch Service
In 1981 the Chief Secretary Government of Uttar Pradesh addressed all the Secretaries to the Government Head of Department and Commissioners in Uttar Pradesh pointing out that though a provision for reservation of 2 posts was made for physically handicapped persons by GO No 439066 dated July 18 1972 in the services under the State Govern ment appointments had not been made of handicapped persons in accordance with the reservation
The necessity of making appointments of physically handicapped persons to the re served posts was impressed upon all the Secretaries Heads of Departments and Commissioners and it was particularly brought to their attention that 1981 had been declared as the International Year for 575 the physically Handicapped Persons 
It was also directed that vacancies should be carried forward and efforts should be made to ensure that the maximum number of physically handicapped persons were appointed
The appellant a disabled person who was successful at the combined State Services Examination held in 1982 by the Uttar Pradesh Public Service Commission was offered the post of Manager Marketing and Economic Survey instead of a post in the Provincial Civil Service Executive Branch on the ground that the reservation of 2 to the disabled persons had been revoked by the Government letter dated 131979
The Writ Petition filed by the appellant was dismissed by the Allahabad High Court
Hence the appeal by special leave
Allowing the appeal the Court
Held A perusal of the letter dated 131979 indicates that it was confined to recruitment on the basis of Com bined State Services Examination 1978
It was not intended to be an amendment of GO No 439066 dated July 18 1972 or GO No 741971 dated May 20 1978
It was not intended to depart from general rule of reservation of 2 posts in favour of disabled persons in the case of the Provincial Civil Service Executive Branch
Further in the face of the communication in 1981 by the Chief Secretary drawing atten tion of all departments to the GO 1972 it is now futile for the Government to contend that the appellant cannot be appointed to the Provincial Civil Service Executive Branch
Having announced very rightly their determination to rehabilitate physically handicapped persons by reserving posts for them in all the services of the Government the Government cannot now create needless hurdles
577C H