The Lucknow Bench of the Allahabad High Court has granted interim relief to a blind candidate, directing the Uttar Pradesh Public Services Commission (UPPSC) to manually accept his application for the post of Assistant Prosecution Officer (APO) in the ongoing APO Recruitment 2025.
The Court allowed the petitioner, a fully blind aspirant, to participate in the selection process, holding that a prima facie case was made out and the balance of convenience lies in his favour.
Background of the Case
The petitioner, Mohd. Haidar Khan, filed Writ Petition (C) No. 10218 of 2025 under Article 226 of the Constitution of India, challenging the exclusion of blind persons from the APO recruitment advertisement issued by UPPSC on 16 September 2025.
The notification reserved seven vacancies for visually impaired candidates but confined four posts specifically to the “low vision” sub-category, effectively excluding persons with complete blindness.
The petitioner also sought to quash an entry (Serial No. 21) dated 30 July 2021, which categorized the post of APO as suitable only for low-vision candidates.
He argued that the functions of an APO can be effectively performed by blind persons with the support of reasonable accommodation as mandated under the Rights of Persons with Disabilities Act, 2016.
Submissions and Arguments
Senior Advocate Shri S. K. Rungta, appearing for the petitioner, submitted that the exclusion of blind candidates from the APO recruitment process is ultra vires the Rights of Persons with Disabilities Act, 2016 and contrary to the principles of reasonable accommodation. He contended that the State Government’s policy of restricting the post to low-vision candidates amounts to discrimination under the Act.
The respondents, representing the State and the UPPSC, argued that the last date for submission of applications had expired on 16 October 2025 and therefore, the petitioner’s request could not be entertained at this stage.
Court’s Observations and Interim Order
After hearing both sides, the Division Bench comprising Justice Shekhar B. Saraf and Justice Prashant Kumar observed that the matter demands careful judicial consideration.
The Bench took note of the Supreme Court’s decision in Re: Recruitment of Visually Impaired in Judicial Services (Suo Motu Writ Petition (C) No. 2 of 2024) dated 3 March 2025, which had emphasized equal opportunity for visually impaired candidates.
Finding substance in the petitioner’s submissions, the Court held that the petitioner had demonstrated a prima facie case and that the balance of convenience favoured granting interim protection.
The Bench directed the UPPSC to manually accept the petitioner’s application form and permit him to participate in the APO selection process.
The Court, however, clarified that the petitioner’s participation shall remain subject to the final outcome of the writ petition.
It further directed the respondents to file a counter affidavit within three weeks, and the petitioner may file a rejoinder affidavit within one week thereafter. The case will next be listed on 12 January 2026 for further hearing.
Parties Involved:
- Petitioner: Mohd. Haidar Khan
- Respondents: State of Uttar Pradesh and Uttar Pradesh Public Services Commission (UPPSC)
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