The Lucknow Bench of the Allahabad High Court has issued an interim order directing the Uttar Pradesh Public Services Commission (U.P.P.S.C.) to manually accept the application of a blind candidate for the post of Assistant Prosecution Officer (APO) and allow him to participate in the selection process.
A division bench comprising Justice Shekhar B. Saraf and Justice Prashant Kumar passed the order in a writ petition challenging the exclusion of “blind” persons from the recruitment, which identified the post only for “low vision” candidates. The court observed that the petitioner had established a “prima facie case” and the “balance of convenience” lay in his favour. The petitioner’s participation will be subject to the final outcome of the writ petition.
Background of the Case
The petitioner, Mohd. Haidar Khan, filed a writ petition (WRIT-C No. 10218 of 2025) under Article 226 of the Constitution of India. The petition sought to quash an entry (S.No. 21) in a list dated July 30, 2021, issued by Respondent No. 3, which identified the post of Assistant Prosecution Officer as suitable only for “low vision” within the broad category of visually impaired.
The petitioner also challenged the resulting stipulation in an advertisement dated September 16, 2025, for APO vacancies. This advertisement stated that out of seven reserved vacancies for the visually impaired, four were reserved specifically for the “low vision” sub-category, thereby excluding fully blind candidates.
The petitioner, who is blind, prayed for a declaration that the functions of an APO can be performed by blind persons with “reasonable accommodation.” He contended that he is, therefore, entitled to participate in the recruitment process and be considered for the reserved vacancies. The petition also sought a direction to the U.P.P.S.C. (Respondent No. 4) to issue a corrigendum clarifying that blind candidates are eligible and to extend the application deadline.
Arguments Presented
Shri S.K. Rungta, learned Senior Advocate appearing for the petitioner, submitted that the stand taken by the respondent authorities was “ultra vires the Rights of Persons with Disabilities Act, 2016.” He “challenges the entire procedure being adopted by the State Government wherein persons with disability of blindness have been completely excluded from the advertisement under challenge.”
In response, the learned counsel for the respondents submitted that the last date for applying in the selection process had already expired on October 16, 2025.
Court’s Analysis and Interim Order
The High Court, after hearing the parties, observed that the “matter requires careful consideration.” The bench specifically noted a judgment of the Hon’ble Supreme Court rendered in In Re: Recruitment of Visually Impaired in Judicial Services (Suo Motu Writ Petition (C) No. 2 of 2024) dated March 3, 2025.
Finding merit in the petitioner’s initial submissions, the Court stated, “In light of the above, we are of the view that the petitioner has made out a prima facie case and the balance of convenience and inconvenience lies in favour of the petitioner.”
Granting interim relief, the High Court directed, “Accordingly, we direct the Uttar Pradesh Public Services Commission (U.P.P.S.C.) being respondent no.4 to accept the application form of the petitioner manually and allow him to participate in the selection process.”
The bench made it clear that this participation is conditional, stating, “We make it clear that the selection of the petitioner shall be subject to the result of the writ petition.”
The Court has directed the respondents to file a counter affidavit within three weeks, and a rejoinder affidavit, if any, may be filed one week thereafter. The case is scheduled to be listed again on January 12, 2026.
