Gauhati High Court
Jibanjyoti Hazarika vs The State Of Assam And 4 Ors on 27 September, 2023
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/4
GAHC010215142023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5639/2023
JIBANJYOTI HAZARIKA
SON OF NIRANJAN HAZARIKA,
RESIDENT OF VILL- CHINTAGAON,
P.O.- KALAIGAON,
DIST.- UDALGURI, ASSAM,
PIN- 784525.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT,
DISPUR, GUWAHATI-6.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE JOINT DIRECTOR OF HEALTH SERVICES
NALBARI
ASSAM
PIN- 781335.
4:STATE LEVEL POLICE RECRUITMENT BOARD
ASSAM
REHABARI
GUWAHATI- 781008
REPRESENTED BY ITS CHAIRMAN.
5:THE GAUHATI UNIVERSITY
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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 Ms. M. Kataky, learned Standing Counsel, Assam Animal Husbandry & Veterinary Department; Ms. D Bora, learned Standing Counsel, Health for the respondent No. 3; 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 locomotor disability being eligible to participate in the recruitment process and applied for the said post and submitted his candidature. He was issued a Disability Certificate by the Superintendent, Udalguri Civil Hospital showing that he is having locomotor disability which is found to be 40% in permanent physical impairment disability. He was also issued a Unique Disability ID on 20.02.2023 and the percentage of disability reflected in this Unique Disability ID Page No.# 3/4 was shown to be 40%. The learned counsel for the petitioner submits that although the petitioner was shortlisted during the selection process and he was selected for appointment in the Animal Husbandry and Veterinary Department under the category of locomotor disabilities including cerebral palsy. The name of the petitioner is found in annexure-E bearing Roll No. 2031958. 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 locomotor disability which was published by the Department of Social Justice and Empowerment. The Roll number of the petitioner bearing No. 2031958 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, he has been informed that he has been rejected as he 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 Page No.# 4/4 pleadings available on record that the petitioner has been declared to be a person with locomotor disability to the extent of 40% disability impairment and also holds the Unique Disability Identity, this court is of the view that one post under the Animal Husbandry Department in Grade-IV shall not be filled up without further orders of this Court.
List on 10.11.2023.
JUDGE Comparing Assistant