INDRAJEET KUMAR MAHATO Vs. GOVERNMENT OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Gogoi, the learned counsel appearing on behalf of the Petitioner. Mr. M. Chetia, the learned Government Advocate appears on behalf of the Respondent No.1 and Mr. H.K. Das, the learned Senior Counsel as well as the Standing Counsel of the Gauhati High Court assisted by Mr. N. K. Sarmah appears on behalf of the Respondent Nos.2 & 3.

(2.) The Petitioner who is a person with locomotor disability, and more specifically, OL- one leg affected (Left) is aggrieved by the non-inclusion of the reservation in terms with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 in the advertisement dtd. 7/9/2015, and therefore, has challenged the said advertisement and the consequential selection carried thereupon.

(3.) The materials on record show that an advertisement was issued on 7/9/2015 for filling up of 397 posts of Computer Typist for the subordinate judiciary of Assam. In the advertisement though there is age relaxation provided to Persons with Disabilities, but the said advertisement did not specifically mention that there was a reservation for Persons with Disabilities. Be that as it may, the Petitioner submitted his application by taking note of the advertisement which categorically mentioned that the reservation of the posts for different categories would be as per Rules.