KURIAN, J. - (1.) Leave granted.
(2.) The appellant is before this Court, aggrieved by the order dated 02.04.2013 passed by the High Court of Gauhati in Writ Appeal No. 06 of 2012. The appellant has been directed by the High Court to appear before the State Medical Board to have an assessment of his disability, for the Group-B post, in which he sought appointment.
(3.) The requirement was minimum 40% disability. That disability is to be verified under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. Rules 4 and 5 read as follows:- "4. Authorities to give Disability Certificate:- (1) A Disability Certificate shall be issued by a Medical Board duly constituted by the Central and the State Government. (2) The State Government may constitute a Medical Board consisting of at least three members out of which at least one shall be a specialist in the particular field for assessing locomotor/Visual including low vision/hearing and speech disability, mental retardation and leprosy cured, as the case may be. 5. (1) The Medical Board shall, after due examination, give a permanent Disability Certificate in cases of such permanent disabilities where there are no chances of variation in the degree of disability. (2) The Medical Board shall indicate the period of validity in the certificate, in cases where there is any chance of variation in the degree of disability. (3) No refusal of Disability Certificate shall be made unless an opportunity is given to the applicant of being heard. (4) On representation by the applicant, the Medical Board may review its decision having regard to all the facts and circumstances of the case and pass such order in the matter as it thinks fit." ;