SUMAN CHAKRABORTY Vs. STATE OF ASSAM AND OTHERS.

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned Counsel for the petitioners and Mr. J.I. Borbhuiya, learned Standing Counsel, Public Health Engineering Department, Assam. Also heard Mr. BK Sarma, learned Standing Counsel, Social Welfare Department, Assam.

(2.) By way of this petition under Art. 226 of the Constitution of India, petitioner seeks quashing of Annexure-4 letter dated 15.10.2007, issued by the Deputy Secretary to the Govt. of Assam, Social Welfare Department and addressed to the Under Secretary to the Govt. of Assam, Public Health Engineering Department, Dispur in respect of forwarding of the name of respondent No. 8 for appointment as Sectional Assistant (Grade III) in Karimganj district in the Public Health Engineering Department as a physically disabled candidate under the orthopaedically handicapped category. Further prayer made is for a direction to the respondents to confer appointment to the petitioner in a Grade III post in the Public Health Engineering Department, Govt. of Assam.

(3.) Case of the petitioner is that he is a physically handicapped person being visually impaired. A selection was conducted by the District Level Selection Committee, Karimganj district of the Social Welfare Department, Govt. of Assam for appointment to Grade-III posts against backlog vacancies earmarked for disabled persons. Petitioner was informed by the District Social Welfare Officer, Karimganj vide letter dated 13.06.2005 that his name was forwarded by the District Employment Exchange, Karimganj for the said selection and that he should appear before the interview board on 01.07.2005. Petitioner's roll number was 65 (Karimganj). Accordingly, petitioner appeared before the interview board. Notification dated 27.02.2006 was issued by the Director of Social Welfare, Assam announcing the results of the selection held at the district level during the months of June and July, 2005 strictly in order of merit for appointment of persons with disabilities against the backlog vacancies in Grade-III and Grade-IV posts under different departments of the State. It was stated that the results were declared category and district wise. In so far Karimganj district was concerned, against one post of Lower Division Assistant (Grade III) in the Public Health Engineering Department, only the petitioner and another candidate having roll number 43 were selected under the visually impaired category. Petitioner was placed in the first position. No candidate belonging to the orthopaedically handicapped or hearing impaired was selected for the said post.