PRAGATI SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri D.C.K. Hazarika, learned counsel appearing for the petitioner. Also heard Ms. B.D. Sarma, learned counsel appearing for the respondent Nos. 1, 2, 3 and 4 as well as Shri S. Das, learned counsel appearing for the respondent No.5.

(2.) The case of the petitioner is that the petitioner is a physically handicapped person with 40% permanent disability in relation to the lower limb. It is the specific case of the petitioner in paragraph-2 of the writ petition, that the petitioner had applied for a Grade-III job under the 3% reservation quota in the department of Social Welfare. Accordingly, he was called for interview, vide Memo No. DSWO(T) 43/65/7 to 470 dated 18.06.2005 issued by the respondent No.4, District Social Welfare Officer, Sonitpur, Tezpur. It is also stated that the petitioner is a holder of Degree of Bachelor of Engineering in Electrical Engineering from Gauhati University. It is the further case of the petitioner that pursuant to the call letter dated 04.07.2005, he appeared in the aforesaid interview bearing Roll No.53 and he came out successful and his name appeared at Serial No.1 amongst 4 candidates in the select list issued vide Notification No.DSW(E) 96/2005/46 dated 27.02.2006 issued by the respondent No.3 against the post of Superintendent in the office of the Director of Employment and Craftsman Training, Assam. The said select list purportedly has been annexed as Annexure-B (2) to the writ petition, which bears the signature of Director of Social Welfare, Assam. On perusal of the said select list, it is seen that for type of post of Superintendent in the office of the Director of Employment and Craftsman Training, Assam, the position of the petitioner bearing the Roll No.53 is shown in the first place in the select list.

(3.) It is the contention of the learned counsel for the petitioner that in spite of being placed in the first position, in order of merit for the post of Superintendent, no appointment has been given to the petitioner. It is also the contention of the petitioner that the select list at hand is for several other posts including the Post of ME Teacher/LP Teacher /LDA etc. in different departments and all the other appointments from the said select list have been made in respect of the said posts.