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IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, BISWAROOP CHOWDHURY
Sekhar Sarkar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. This appeal is directed against a judgment and order dated October 1, 2024, whereby the appellant’s writ petition being WPA 2054 of 2024 was disposed of by a learned Judge of this Court.
2. The appellant/writ petitioner participated in a recruitment process initiated by the West Bengal College Service Commission (in short the Commission) under the Persons with Disability PWD – (B) Category. His name appeared against Serial no. 2 of the provisional merit list published by the Commission. He submitted before the learned Single Judge that there is a vacancy in PWD- (A) category because of non-joining of one of the merit listed candidates. He sought appointment in the said vacancy.
3. The learned Judge disposed of the writ petition with the following observations:-
“The order dated 8th July, 2019 of the Labour Department, Government of West Bengal published in the Kolkata Gazette Extraordinary deals with the Rights of Persons with Disabilities Act, 2016.
It mentions that if any vacancy cannot be filed up due to non- availability of a suitable person with benchmark disability or for any other sufficient reason, such vacancy shall be filled up through the pro
Vacancies for persons with disabilities must be filled following statutory procedures defined in the Rights of Persons with Disabilities Act, ensuring compliance with initial advertisement criteria a....
The Court emphasized that physically disabled individuals constitute a unique category entitled to equal treatment without further classification such as caste or religion, mandating adherence to mer....
The main legal point established in the judgment is that the reservation for PWD candidates is horizontal and candidates must be appointed against vacancies exclusively earmarked for them.
The principle of merit must prevail in filling unreserved vacancies for Persons with Disabilities, allowing the appointment of meritorious candidates from any reserved category when more qualified th....
Court upheld the prerogative of the appropriate government in reserving posts for disabled candidates as per the Act, asserting that judicial intervention in recruitment processes must be limited and....
The main legal point established in the judgment is the failure of the Union of India to implement the provisions of the PWD Act, 1995, and the court's invocation of Article 142 of the Constitution o....
The central legal point established in the judgment is the interpretation and application of Section 33 of the Persons with Disabilities Act, 1995, regarding the reservation of posts for physically c....
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