Yogendra Kumar Sonkar v. State of U.P. Thru. Secy. Basic Education, Lucknow and Others

Court No. - 7 Case :- WRIT - C No. - 10860 of 2023 Petitioner :- Yogendra Kumar Sonkar Respondent :- State Of U.P. Thru. Secy. Basic Education, Lucknow And Others Counsel for Petitioner :- Nisha Srivastava Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner and Sri Nitin Mathur, learned counsel appearing on behalf of the respondents no. 1, 4, 5 & 6. No notice need be issued to the respondents no. 2 & 3 taking into consideration the nature of order proposed to be passed. The contention of learned counsel for the petitioner is that the petitioner is forty percent physically handicapped in a case of blindness as per disability certificate which has been issued by the competent authority, a copy of which is annexure 4 to the writ petition. The further contention is that the petitioner is a student of D.L.Ed and had tried to appear in the D.L.Ed Examination-2022 for the fourth semester in one subject for which the admit card had also been issued, a copy of which is annexure 6 to the writ petition. However, for the reasons best known to the respondents, the petitioner was not permitted to appear in the said examination along with his helper. The urgency indicated by the learned counsel for the petitioner is that last date now fixed for submitting the form for the fourth semester examination is today i.e 14.12.2023 and in case the permission is not granted by the respondent no. 5 i.e Sachiv, Pariksha Niyamak Pradhikari, U.P. Prayagraj for uploading the form and for appearing in the examination with his helper keeping in view the physically handicapped certificate then the petitioner would be unable to appear in the said examination. Considering the aforesaid more particularly the physical handicapped certificate of the petitioner which indicates the petitioner's disability to be a permanent disability of forty percent and the fact that earlier the respondents had issued the admit card permitting the petitioner to appear in the D.L.Ed Examination-2022 along with helper and the last date fixed for filling in the application form is today i.e 14.12.2023, the writ petition is disposed of with the direction to the respondent no. 5 to permit the petitioner to upload the examination form for D.L.Ed Examination for fourth semester in one subject today itself provided all formalities are completed. Sri Nitin Mathur, learned Additional Chief Standing counsel shall inform about this order without waiting for a certified copy of this order to the respondent no. 5 today itself in order to comply with the order. Let certified copy of this order be provided to the learned counsel for the parties today itself on payment of usual charges. Order Date :- 14.12.2023 Pachhere/- High Court of Judicature at Allahabad, Lucknow Bench