GUWAHATI, India, June 2 -- Gauhati High Court issued the following order on April 30:
1. Heard Mr. P. K. Deka, learned counsel, appearing for the petitioner in WP(C).No.6506/2023 and Mr. P. K. Roy Choudhury, learned counsel, appearing for the petitioner in WP(C).No.6465/2023. Also heard Mr. B. Gogoi, learned Additional Advocate General, Assam, and Mr. P. P. Dutta, learned Standing Counsel, APSC, for the above noted 02 (two) writ petitions.
2. The above noted writ petitions having raised similar questions of law based on same facts, were taken up for hearing for final consideration, with the consent of the parties and is being disposed of by this common Judgment and Order.
3. The petitioners in the above noted writ petitions have projected that they suffer from Locomotor disability and accordingly are Persons with Benchmark Disability. The petitioners in the above noted writ petitions in pursuance to an advertisement dated 15.03.20223, issued by the Assam Public Service Commission (hereinafter referred to as the Commission), inviting applications for recruitment against 244 post of Assistant Engineer (Civil) under the joint cadre of Public Works Roads Department (PWRD) and Public Works (Building and National Highway) Department, had submitted their respective applications. The said advertisement having also earmarked 12 (twelve) vacant posts, for Persons with Benchmark Disability, the petitioners project that they had submitted the requisite certificates to bring them within the purview of the said reservations mandated for Persons With Benchmark Disability.
The Commission thereafter, vide a corrigendum dated 03.08.2023, set out the break up of vacancies so advertised and 15 (fifteen) vacancies were shown to have been reserved for various categories of Person with Benchmark Disability. The applications submitted by the petitioners being found to be in conformity with the eligibility criteria set out, they were permitted to participate in the recruitment process. The petitioners cleared the screening test held for the purpose and accordingly, the petitioners were called for appearing in the viva voce/interview segment of the selection process.
On conclusion of the selection process the Commission vide notification dated 19.10.2023, declared the results of the selection process. In the select list so published, the names of the petitioners in the above noted 02 (two) writ petitions did not find mention. The result sheet further having projected that 06 (six) vacancies pertaining to reserved for Persons with Benchmark Disability could not be filled up due to non availability of suitable candidates and the same including vacancies which were backlog vacancies, the petitioners have instituted the present writ petitions praying for a direction upon the respondent authorities for filling up of the said vacancies which had remained unfilled for want of suitable Person with Benchmark Disability by interchanging the said vacancies amongst the other categories of Person with Benchmark Disability.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpEfAzLv1wRC4iTcfzfO9O0UuY6RzzGbAUrRpIkJcFsh0&caseno=WP(C)/6506/2023&cCode=1&cino=GAHC010252542023&state_code=6&appFlag=)
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