V.S.Sirpurkar, CJ. - (1.) Heard finally with consent of parties.
(2.) This matter pertains to the selection and appointment of petitioner for the post of West Bengal Civil Services (Judicial) 2003. The writ petitioner appeared for the necessary tests and admittedly cleared them. However, there was one more factor which he had reported while applying for the candidature. He had pointed out that he was suffering from physical disability and he was a physically challenged candidate. He was not selected and, therefore, he approached the Court by way of writ petition wherein he pointed out that there was no reservation provided in terms of section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The learned Judge took the view that the petitioner had appeared at the selection test, succeeded and thereafter was called for interview but he was not selected. It was clear that he had participated in the selection process as a general candidate and did not succeed and, therefore, he could not turn back and find fault with the selection process. The learned Judged dismissed a few other petition with which we are not concerned today. The learned Judge accordingly dismissed the writ petition.
(3.) The appellant now is before us by way of this appeal. The learned counsel for the appellant points out it was an admitted position that the concerned appellant was a physically challenged person and that there was in reality no reservation made for the physically challenged persons.;