VECTOR VERO Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) THE Nagaland Public Service Commission (NPSC) which stands impleaded in the present writ petition as respondent No. 5, published an advertisement, on 11.11.2003, inviting applications for selection and appointment to, amongst others, posts of Lecturer in English in Colleges under Higher & Technical Education, Govt. of Nagaland. The petitioner, who has been working as a Lecturer in English at Zunheboto College on contract basis, applied for the post of Lecturer in English and, on being called by the respondent No. 5, appeared for personality test on 11.5.2004. Claiming that the petitioner is a disabled person within the meaning of the Disability Act, (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short 'the Act'), inasmuch as he has been categorized as a physically handicapped/disabled person by the Medical Board, Kohima as per the certificate issued, in this regard, by the said Board on 20.11.2003, the petitioner made enquiry from the NPSC. On making enquiry, the petitioner came to know that no reservation in the post of Lecturer in English in the Colleges, falling under Higher & Technical Education, has been made, though, according to the petitioner, it was incumbent, on the part of the Government, to make necessary reservation, in this regard, in terms of the Act. The petitioner has accordingly approached this Court, with the help of the present writ petition, seeking issuance of appropriate writ or writs to the respondents commanding them to consider the petitioner's case for appointment as Lecturer in English within the reservation quota meant for disabled person in the State of Nagaland.

(2.) THE State Government and its functionaries have not filed affidavit -in -opposition except the respondent No. 5, namely, the NPSC, the case of the respondent No. 5 being, in brief, that no reservation has been made under the Act for the disabled persons in respect of the posts of Lecturer of Colleges and in this view of the matter, the advertisement published by the respondent No. 5 making no reservation in respect of disabled persons for selection for the posts of Lecturer of Colleges is not illegal nor is the selection process, held pursuant thereto, illegal or needs interference. So long as the post of Lecturer of Colleges, particularly, in English, is not reserved in terms of the provisions of the Act by the State Government, the respondent No. 5 cannot make any selection on the basis of any quota or reservation policy in respect of a disabled person, such as, the petitioner.

(3.) BEFORE entering into the merit of the present writ petition, it is necessary to take into account the provisions contained in Sections 32 and 33 of the Act, which read as follows :