SADHANA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The controversy involved in this writ petition is an allegation of denial of the benefits of the provisions of the Persons with Disability, (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, (hereinafter called the Act), to the petitioner pursuant to a recruitment process for filling up of the post of Supervisor under the Social Welfare Department, Government of Assam.

(2.) Before coming to the issue, it would be beneficial if the facts of the case are narrated briefly.

(3.) An advertisement was issued on 24/2/2014 by the Director of Social Welfare, Assam, for filling up 20 numbers of vacancies in the post of Supervisor. As per the petitioner, she belongs to the category of 'Persons with Disability' (herein after PwD) with 40% locomotion disability on her right leg. The petitioner claims to have offered her candidature in the said category pursuant to which, an Admit Card was issued to her and she had appeared in the written test held on 13/12/2015. However, in the results declared on 9/1/2016, the petitioner was not amongst the shortlisted candidates. Subsequently, the Viva Voce was held on 19/2/2016 and the final results were declared. The petitioner claims to have submitted an application on 21/4/2016 to the concerned authorities by invoking the provisions of the Right to Information Act, 2005 requisitioning the information of selection and appointment of candidates belonging to the PwD category and on 8/8/2016, information was given to the petitioner that no candidate was selected in the aforesaid category. The petitioner has alleged that the provisions of the Act of 1995 have been grossly violated in the recruitment process initiated vide the advertisement dtd. 24/2/2014.