A.F.R. Neutral Citation No. - 2025:AHC:51667 Court No. - 5 Case :- WRIT - A No. - 16283 of 2019 Petitioner :- Anil Kumar Verma Respondent :- State of U.P. and Another Counsel for Petitioner :- Devraj Rajvedi,Dhirendra Kumar Srivastava Counsel for Respondent :- C.S.C.,M.N. Singh Hon'ble Ajay Bhanot,J. 1. Heard Shri Devraj Rajvedi, learned counsel for the petitioner, learned Standing Counsel for the State- respondent No. 1 and Shri Anand Yadav, learned counsel holding brief of Shri Nisheeth Yadav, learned counsel for the respondent No. 2. 2. The petitioner appeared in the Combined State/Upper Subordinate Services (General Recruitment) Examination, 2016. The examination results were declared in the year 2019. The name of the petitioner did not figure in the list of selected candidates. 3. The petitioner claims that he is entitled to appointment under the quota for persons with disabilities on a suitable post which has been denied to him. 4. The candidates who have been selected and appointed under the category of persons with disabilities have not been impleaded as parties to the writ petition. The writ petition is not maintainable for non joinder of the parties. 5. However in the interests of justice, the merit of the case is also being examined. The disability certificate of the petitioner records that he is a case of "PPRP both lower limbs with old united fracture humerus". According to the counter affidavit, no post has been identified for appointment of persons suffering from the aforesaid disability. 6. The identification of posts which can be reserved for persons with disability precedes any appointment under the quota for persons with disability. The provision contained under Section 32 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 (hereinafter referred to as "Disabilities Act") is extracted herein under:- “32. Identification of posts which can be reserved for persons with disabilities .-Appropriate Governments shall- (a) identify posts, in the establishments, which can be reserved for the persons with disability; (b) at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the developments in technology.” 7. The mandate of Section 32 of the Disabilities Act requires prior identification of specific posts by the respective departments for persons with disability. The exercise for identifying suitable posts for persons with disabilities is made keeping in mind the nature of the duties attached to the posts and the disability of the candidate. The identification of a post by the department which is tenable by a person with a specific disability is a mandatory prerequisite for appointment on such post as the duties to be executed by the post holder have to be correlated with the disability of the candidate. Admittedly in this case no post has been identified by the State authorities which is tenable by a person with the petitioner's disability. Further appointments under the quota for persons with disabilities have already been made. In this wake, this Court cannot issue a mandamus to appoint the petitioner on any post. 8. The prayer for appointment cannot be granted and is accordingly rejected. 9. However, the Court takes serious cognizance of inability of the State Government to identify the posts which are tenable by persons with "PPRP both lower limbs with old united fracture humerus". Of course, it is the discretion of the State Government to do so as per law, but the exercise itself has not been undertaken. 10. In the interests of justice and in order to implement the provisions of Disabilities Act, the Chief Secretary, State of U.P. is directed to ensure that exercise is undertaken by all the departments of the State of U.P. to identify the posts under Section 32 of Disabilities Act as per law for appointment of persons with the "PPRP both lower limbs with old united fracture humerus". 11. The writ petition is disposed of. Order Date :- 9.4.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad