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2025 DAILYLAW 133104 (ALL)

RAJESH NISHAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. MEDICAL EDUCATION LKO. AND 3 OTHERS

WRIA/3909/2025 · 2025-07-28

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43418 Court No. - 5 Case :- WRIT - A No. - 3909 of 2025 Petitioner :- Rajesh Nishad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical Education Lko. And 3 Others Counsel for Petitioner :- Utkarsh,Amit Chaudhary Counsel for Respondent :- C.S.C.,Shubham Tripathi Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing Counsel and Shri Shubham Tripathi, learned counsels for the respondents. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. The petitioner, a physically handicapped person, having 70% disability as per the certificate, a copy of which is annexure 3 to the writ petition, is before this Court praying for compliance of government order as well as judgement of Hon'ble Supreme Court in the case of Rajeev Kumar Gupta vs Union of India (2016) 13 SCC 153 with regard to the reservation in promotion to person with disabilities and seeking benefit of reservation in accordance with government order dated 03.02.2008 and to promote the petitioner on notional basis with effect from 2015. Considering that a decision in this regard would be taken by the respondent University and the competent authority is said to be Registrar, KGMU, Lucknow i.e. respondent no. 4, the writ petition is disposed of leaving it open to the petitioner to submit a representation in this regard to respondent no. 4 within 2 weeks from today. In case the aforesaid representation is filed the respondent no. 4 shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of three months from the date of submission of the representation along with certified copy of this order. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner. Order Date :- 28.7.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench