IMPORTANT POINT
There cannot be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved.

Judgment :

1. Leave granted.

2. These appeals are directed against the impugned judgment and order dated 4th March, 2010 in Writ Petition (C) No. 950 of 2010 and impugned judgment and order dated 2nd July, 2010 in Writ Petition (C) No.3382 of 2010 passed by the High Court of Guwahati, allowing the writ petitions filed by the respondent No.1 whereby Assam Public Service Commission (hereinafter referred to as “respondent No. 3”) was directed to examine the entitlement of respondent No.1 by taking into account the identity card produced by him.

3. We may notice the bare essential facts necessary for the determination of the controversy involved in these appeals.

4. The respondent No. 3 issued an advertisement on 10th August, 2006 bearing advertisement No.6/2006, announcing its intention to hold the preliminary examination of the Combined Competitive Examination, 2006 for screening candidates for the Main Examination for recruitment to various posts educated in the advertisement. The last date for the receipt of the completed application forms was fixed as 11th September, 2006. In this advertisement, although, posts had been reserved for various categories such as OBC/MOBC, SC, ST(P) and ST(H), but there was no reservation in favour of the disabled candidates as required under the Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation], Act,1995.

5. Consequently, a Public Interest Litigation being P.I.L. No.61/2006 was filed in the High Court by Order dated 13th March, 2007. The High Court by an interim order directed respondent No.3 not to conduct any examination during the pendency of the petition. By order dated 13th March, 2007, the High Court directed respondent No.3 to make a fresh advertisement on the basis of the requisitions to be received from the Government of Assam (respondent No.2) incorporating reservation of 3% for persons with disabilities.

6. In compliance with the orders of the High Court dated 13th March, 2007, respondent No. 3 issued a corrigendum on 5th June, 2007 reserving three per cent vacancies for Physically Handicapped persons, in terms of Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation], Act,1995. Applications were invited for one post in the Assam Civil Service Class-I (Jr. Grade) from persons suffering from Locomotor Disability, in connection with the conduct of Combined Competitive (Preliminary) Examination, 2006 for screening candidates for the Main examination for the posts already mentioned in the earlier advertisement No. 6/2006. It is evident that this corrigendum was issued in continuation of advertisement No. 6/2006 dated 10th August, 2006. It was provided therein that candidates, who had applied earlier to the advertisement No. 6/2006 dated 10th August, 2006, need not apply again but the candidates with Locomotor Disability must produce supporting documents in the office of the Assam Public Service Commission or in the examination hall before the commencement of the examination. The Last date for submission of the applications under the corrigendum was 6th July, 2007.

7. Respondent No.1 had applied in response to the advertisement dated 10th August, 2006. Since there was no requirement for submission of any details with regard to any disability, he had not submitted any disability certificate. Although, in view of the corrigendum, respondent No.1 was not required to make an application afresh, he was required to produce necessary supporting documents in the office of the Commission or in the examination hall before the commencement of the preliminary examination. Respondent No.1 had been certified by the District Medical Board, Dhubri, to be physically disabled to the extent of 50% on 21st January, 2004. On the basis of this certificate, respondent No.1 was issued an identity card by the District Social Welfare Officer, Dhubri on 18th February, 2004 which specified his disability to be Locomotor Disability to th