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IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, BISWAROOP CHOWDHURY
Sekhar Sarkar – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. factual background of the appellant and appeal process. (Para 1 , 2) |
| 2. court's conclusions and directions regarding filling the vacancy. (Para 3 , 17) |
| 3. arguments regarding eligibility for vacancies and categorization. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court's analysis of the legal provisions regarding vacancies. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. final conclusion and order of dismissal. (Para 18) |
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
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....
Unreserved posts, even when subject to horizontal reservation for specific categories like disability, are open to all candidates regardless of social category. Merit is the sole criterion for appoin....
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