MD HASSIM MIA, SON OF SIDDIQUE MIA Vs. STATE OF TRIPURA; AGARTALA MUNICIPAL COUNCIL; CHIEF EXECUTIVE OFFICER, AGARTALA MUNICIPAL COUNCIL; STATE COMMISSIONER FOR PERSONS WITH DISABILITY

JUDGEMENT

(1.) Heard Ms. N. Guha, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondent No.1 and Mr. A. Ghosh, learned counsel appearing for the respondents No.2 & 3. None appears for the respondents No.4,5,6 & 7 despite due notice from this Court.

(2.) The petitioner has been suffering from Pathological Myopia as evident from the certificate for handicapped person (Annexure-A to the writ petition). By the said certificate for handicapped person, the petitioner has been declared visually impaired for 5(five) years subject to review. In response to the employment notice dated 28.02.2007 published in the Dainik Sambad dated 02.03.2007, the petitioner having found qualified for appointment to the post of Multipurpose Supervisor had applied for the said post with all records of qualification and experience. There is no dispute that by means of that employment notice 5(five) posts of Multipurpose Supervisor were sought to be filled up by the Agartala Municipal Council, now the Agartala Municipal Corporation. The petitioner had participated in the selection process but when he found that the respondents No.5,6 & 7 were appointed in the said post of Multipurpose Supervisor, the petitioner has challenged such appointment by means of this writ petition.

(3.) Ms. N. Guha, learned counsel appearing for the petitioner has contended that in view of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Agartala Municipal Corporation being an authority within the meaning of Section 2(a) (ii) of the said Act is under statutory obligation to make reservation of 3% of the total posts for the persons suffering from disability for: