Case Note & Summary
The dispute arose from the denial of appointment to the appellant, a physically handicapped individual, in the Provincial Civil Service (Executive Branch) despite his success in the combined State Services Examination held in 1982. The Uttar Pradesh Government had previously established a reservation policy for physically handicapped persons through G.O. No. 43/90/66 dated July 18, 1972, which mandated a 2% reservation in all government services. However, a letter dated 1.3.1979 indicated that no reservation would be made for disabled persons in the Provincial Civil Service, leading to the appellant being offered a different position instead. The Allahabad High Court dismissed the appellant's writ petition, prompting him to appeal to the Supreme Court. The Supreme Court analyzed the government's communications and concluded that the 1.3.1979 letter did not amend the existing reservation policy. The court emphasized the importance of the government's commitment to rehabilitate physically handicapped persons and directed their appointment in the Provincial Civil Service, thereby allowing the appeal and granting costs to the appellant.
Headnote
A) Administrative Law - Reservation Policy - Interpretation of Government Orders - Constitution of India, 1950, Article 38 - The court held that the letter dated 1.3.1979 did not revoke the reservation policy established by earlier government orders and was limited to a specific examination. The government was directed to appoint the appellant in the Provincial Civil Service (Executive Branch) as per the reservation policy (Paras 576-578).
Issue of Consideration
Whether the appellant, a physically handicapped person, was entitled to appointment in the Provincial Civil Service (Executive Branch) despite the government's letter dated 1.3.1979.
Final Decision
The Supreme Court allowed the appeal, directing the Government of Uttar Pradesh to appoint the appellant to the Provincial Civil Service (Executive Branch) with all service benefits from the date he should have been appointed.
Law Points
- Reservation for disabled persons
- interpretation of government orders
- appointment in civil service
- constitutional provisions for social justice
