Gauhati High Court
Priyalata Chetia vs The State Of Assam And 4 Ors on 27 September, 2023
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/4
GAHC010215232023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5642/2023
PRIYALATA CHETIA
DAUGHTER OF LATE DEBEN CHETIA,
RESIDENT OF OLD AMALAPATTY PANCH ALI,
WARD NO. 13, P.O.- BENGENAKHOWA,
DISTRICT- GOLAGHAT, ASSAM,
PIN- 785702.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT,
DISPUR, GUWAHATI-06.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
PUBLIC WORKS (ROADS) DEPARTMENT
DISPUR
GUWAHATI-6.
3:JOINT DIRECTOR OF HEALTH SERVICES
GOLAGHAT
ASSAM
PIN- 785621.
4:STATE LEVEL POLICE RECRUITMENT BOARD
ASSAM
REHABARI
GUWAHATI- 781008
REPRESENTED BY ITS CHAIRMAN.
5:THE GAUHATI UNIVERSITY
Page No.# 2/4
REPRESENTED BY ITS REGISTRAR
GOPINATH BORDOLOI NAGAR
JALUKBARI
GUWAHATI- 781014
Advocate for the Petitioner : MR. N J KHATANIAR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
27.09.2023 Heard Mr. M. Das, learned counsel for the petitioner. Also heard Mr. C. Sarma, learned counsel for the respondent No. 1; Ms. D Bora, learned Standing Counsel, Health; Mr. CKS Baruah, learned Government Advocate and Mr. A. Ahmed, learned Standing Counsel, Gauhati University for the respondent No. 5.
The learned counsel for the petitioner submits that pursuant to the advertisement dated 30.12.2018 recruitment for different posts in Grade-III and Grade-IV reserved for persons with disability (PWD) of different departments under the Government of Assam was initiated. The petitioner being a person with hearing impaired being eligible to participate in the recruitment process and applied for the said post and submitted her candidature. She was issued a Disability Certificate by the Joint Director of Health Service, Golaghat showing that she is having 55% hearing impairment disability. She was also issued a Unique Disability ID on 19.07.2019 and the percentage of disability reflected in this Unique Disability ID was shown to be 55%. The learned counsel for the petitioner submits that although the petitioner was shortlisted during the Page No.# 3/4 selection process and she was selected for appointment in the P.W.D(Roads) under the category of hearing impaired. The name of the petitioner is found in annexure-E bearing Roll No. 2025444. It is submitted that the selection process was initially conducted by the State Level Police Recruitment Board, subsequently it was taken over by the Gauhati University. The name of the petitioner is also reflected in the select list published for undergoing medical tests under the category of hearing impaired which was published by the Department of Social Justice and Empowerment. The Roll number of the petitioner bearing No. 2025444 is shown in the said notification. Pursuant thereto, petitioner appeared before the Medical Board stated to have been set up by the Government for medical examination of the shortlisted candidates. Petitioner submits that from reliable sources, she has been informed that he has been rejected as she has been found to be below the required benchmark. The learned counsel for the petitioner submits that the advertisement does not reflect the required benchmark of disability which will below which candidates are likely to be rejected.
The respective respondent counsels submit that they have no instructions and would like to obtain required instructions in the matter.
Accordingly, let Notices be issued, returnable in four weeks. Since the learned Government counsels have entered appearances, notices are waived. However, extra copies be furnished to the respective counsels including the Standing Counsel for the Gauhati University within the course of this week Since it is submitted that the petitioner although being a qualified has already been rejected, considering the submissions made and upon due perusal of the pleadings available on record that the petitioner has been declared to be a person with hearing impaired to the extent of 55% disability and also holds the Page No.# 4/4 Unique Disability Identity, this Court is of the view that one post under the PWD(Roads) in Grade-IV shall not be filled up without further orders of this Court.
List on 10.11.2023.
JUDGE Comparing Assistant