PARESH HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. U. Nanda, learned counsel for the petitioner. Also heard Mr. D. Bora, learned Junior Government Advocate appearing for the respondents no. 1, 2, 3 and Mr. D. Upamanyu, learned standing counsel, Health Department appearing for respondents no. 4, 5 and 6.

(2.) The petitioner in the present proceedings has raised a grievance with regard to the denial to him his due appointment in terms of his selection against a Grade-IV post included in the Special Recruitment Drive carried out by the respondent authorities for filling up of 662 backlog vacancies in different Government Departments for persons with benchmark disabilities in the year 2005.

(3.) The petitioner being eligible has submitted his candidature in pursuance to a notice issued by the Directorate of Social Welfare, Assam in the year 2005 for filing up of 662 vacancies in Grade-IV post for persons with benchmark disabilities. The petitioner had applied against the category of Visually Impaired. On being successful in the selection process his name figured in the select list against the post so available under the various establishments of the Director of Health Services, Assam. The petitioner was placed against the post identified for persons with Visual Impairment. Appointments from the said selection list were being made, however, the petitioner not being considered for such appointment and the representations submitted by him in this connection having not been responded to, the petitioner approached this Court by way of instituting WP(C)/3652/2012. This Court vide order dtd. 2/8/2012, proceeded to direct the Director of Social Welfare, Assam to dispose of the representation submitted by the petitioner in the matter by way of passing a speaking order. The Director of Social Welfare, Assam, thereafter convened a meeting and therein in the presence of the petitioner, representatives of the Director of Health Services, Assam, it was concluded that the Grade-IV posts involved in the recruitment process as initiated in the year 2005 was available in the establishment of the Joint Director of Health Services, Sonitpur and the petitioner could be adjusted against the same, however, it was noted that the validity of the select list having expired on 31/7/2011, the appointment of the petitioner could not be so effected. The petitioner thereafter has instituted the present proceedings and has highlighted that even after 31/7/2011, appointments were being made in terms of the selection process initiated in the year 2005.