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2025 DAILYLAW 197310 (ALL)

MANU KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE, LKO. AND 2 OTHERS

WRIC/10906/2025 · 2025-11-21

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10906 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief(s): "i. Issue a writ, order or direction in the nature of CERTIORARI thereby this Hon'ble Court may kindly be pleased to quashed the impugned impugned order / Letter - Letter - मु० िच० अ०/मेिड० बोडर् /2025 -26/3745 dated:26/08/2025, and Medical Report Letter मु० िच० अ०/मेिड० बोडर् /2025 26/ मेमो dated:26/08/2025, passed/ issued by the O.P.No.2, that are Annexed as Annexure No. 1&2 to this writ petition in the interest of justice. ii. Issue a writ, order or direction in the nature of MANDAMUS thereby commanding to Opposite Parties 2 & 3 to re-fixed and determined the percentage of Disability 40%, and issue the Certificate for the Persons with Disabilities to the petitioner in the interest of justice." 3. Upon perusal of the impugned order, we are unable to understand as to why the disability has been reduced from 30% to 25%. The assessment that has been made is not supported by any reason as to why the disability of the petitioner should be reduced from 30% to 25%. Versus Counsel for Petitioner(s) : Raj Kumar Mishra, Abhishek Tiwari, Prince Verma Counsel for Respondent(s) : C.S.C. Manu Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare, Lko. And 2 Others .....Respondent(s) 4. In light of the same, the impugned order is quashed and set aside with a direction upon the authority concerned to once again consider the case of the petitioner and come to a fresh finding. The entire process should be completed within a period of eight weeks from date. The petitioner should be granted an opportunity of hearing in the said matter. 5. With the above directions, the writ petition is disposed of. November 21, 2025 Ashutosh WRIC No. 10906 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench