HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 937 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard Shri Chandra Bhan Gupta and Shri Mayank Gaurav, learned counsel for the appellant, Shri Siddharth Singhal, learned counsel for respondents No. 3, 4 & 5 and Shri Rajiv Gupta, learned Addl. Chief Standing Counsel for the State-respondents. 2. The present intra-court appeal is directed against order of learned Single Judge dated 29.08.2025 whereby while entertaining the writ petition in respect of prayer No. 2 i.e., for quashing Government Order dated 30 July 2021 whereunder the medical condition i.e., locomotor disability being suffered by the appellant/petitioner is not covered, prayer No. 1 i.e., for direction to the respondent No. 3 i.e., U.P. Subordinate Services Selection Commission, Lucknow to select the appellant/petitioner on the post of Mukhya Sewika under the Physical Handicapped category in pursuance of the advertisement, has been rejected. 3. Learned Single Judge has observed that in similar facts and circumstances, Writ-A No. 10560 of 2025 has already been dismissed and therefore, relying on the same, prayer No. 1 has been disallowed. 4. Learned counsel for the appellant/petitioner submits that the locomotor disability being suffered by the appellant/petitioner is also a bench mark disability under the Right to Persons with Disability Act, 2016 and since, the Government Order dated 30.07.2021 whereunder the medical Versus Counsel for Appellant(s) : Chandra Bhan Gupta, Mayank Gaurav Counsel for Respondent(s) : C.S.C., Siddharth Singhal Dolly Singh .....Appellant(s) Department Of Women And Child Development Nutrition And 5 Others .....Respondent(s) condition from which the petitioner/appellant is suffering has been excluded and the challenge to the said Government Order has been kept alive, therefore, there was no justification to reject prayer No. 1. 5. We find considerable force in the submission. As validity of the Government Order is still to be decided in the writ petition, we are of the opinion that there was no occasion for the Court to reject prayer no. 1 as otherwise insofar as the petitioner is concerned, the challenge to the Government Order even if, successful would not give any benefit to him and would be of academic importance only. 6. In such a situation, we set aside the order of learned Single Judge to the extent prayer no. 1 has been rejected. We, accordingly, provide that prayer no. 1 shall be considered while deciding the other prayer in respect of the challenge to the Government Order. 7. The appeal stands disposed of, accordingly. October 14, 2025 Mukesh Kr. SPLA No. 937 of 2025 2 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad