Court No. - 4 Case :- WRIT - A No. - 5376 of 2025 Petitioner :- Meera Chauhan And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C.,Siddharth Singhal Hon'ble Ajit Kumar,J. 1. Heard Sri Siddharth Khare, learned counsel appearing for the petitioners, Sri Siddharth Singhal, learned counsel appearing for the respondent No.- 4 and learned Standing Counsel appearing for the State respondent Nos. 1 to 3. 2. By means of this petition filed under Article 226 of the Constitution, petitioners, who are applicants for the posts of Chief Matron (Mukhya Sevika) in the department of Child Welfare and Nutrition of state of Uttar Pradesh are aggrieved for the rejection of their candidature in the category of those disabled persons who fall in the 'locomotor deficiency'. 3. It is argued by learned counsel for the petitioners that all the petitioners suffered from locomotor deficiency and as per the advertisement published for main examination 35 vacancies were assigned to this category of persons suffering from physical deficiency to be termed as physically handicapped. However, when the final results have been declared against the posts of Chief Matron, the physically handicapped deficiency has been considered only in the category of blind/lower vision, dumb/ hard of hearing and dwarfism. 4. It is argued by Mr. Khare that dwarfism is also one of the deficiencies which came to be mentioned in the notification along with those persons suffering from mal-nutrition and also locomotor deficiency. It is, therefore, argued that respondents were not justified in assigning reservation only in the category of those physically handicapped persons who suffered from dwarfism. 5. Mr. Khare has also argued that insofar as the Government order dated 30th July, 2021 is concerned, this includes locomotor deficiency also in the clause 'C' of para 2 qua physical deficiencies mentioned for physically handicapped persons, however, for post specific categories at item No.- 39 for the post of Chief Matron blind/ lower vision, dumb/ hard of hearing and dwarfism only has been included. This, according to Mr. Khare, is not only against the spirit and object for which the Government order was issued and also notification issued for appointment purposes. 6. Mr. Khare thus argued that lomomotor deficiency should also be included in the category of physically handicapped persons against the post of Chief Matron. 7. Countering the submissions advanced by Sri Khare, Sri Siddharth Singhal, learned counsel for the Commission submits that the Government order came to be issued on 30th July, 2021 and notification for the examination was issued on 3rd August, 2022. So naturally when it came to categorized post for reservation purposes in horizontal category, the Government order got followed. 8. It is further argued that petitioner' representation for the grievance raised before this Court has also been rejected by the State Government vide order dated 29th March, 2025 clarifying that physically handicapped persons for the post of Chief Matron, dwarfism is the only category recognized with locomotor disability. 9. According to Mr. Singhal, the locomotor deficiency is, therefore, the category within the category of dwarfism and, therefore, if physically handicapped persons who suffer from dwarfism including the locomotor disability can only be considered for the purposes of reservation in the said horizontal category reservation. He submits that this above order passed by the State Government has not been put to challenge. 10. Insofar as the subsequent Government orders are concerned which are further relied upon by the learned counsel for the petitioner, Mr. Singhal argued that these are the subsequent Government orders and shall have prospective effect. However, if the petitioners have any grievance, they should have questioned the Government order itself. 11. Having heard learned counsel for the respective parties and having perused the records, I find that the reservation as per the notification assigned by the Commission is only by following the Government order which has also come to be mentioned in the advertisement itself and further I find that petitioners' claims for including their locomotor deficiency as per the certificate of disability, have been rejected by the State Government. Neither the Government order has been challenged before this Court, nor the order rejecting the representation has been questioned in this petition. 12. In view of the above, I do not find the action of Commission in assigning the reservation in horizontal category to those candidates who suffered from dwarfism for the post of Chief Matron and declaring the results giving cut off in that category to be suffering from any illegality or any misinterpretation of the provisions contained under relevant Government order. The Government order has been strictly adhered to by the Commission and, therefore the results cannot be faulted with. 13. Accordingly, this petition stands dismissed as against the claim of reservation in selection pursuant to the advertisement dated 4th July, 2022 carried out by the respondent No.- 4. 14. However, as far as the prayer No.- 3 is concerned petitioner may approach the State Government to include locomotor deficiency for the post of Chief Matron in future selection by amending the said Government order. 15. Subject to what has been observed above, this petition is dismissed and consigned to records. Order Date :- 25.4.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad