N. UNNI KRISHNAN NAIR
Paresh Hazarika – Appellant
Versus
State of Assam – Respondent
ORDER :
N. Unni Krishnan Nair, J.
1. Heard Ms. U. Nanda, learned counsel for the petitioner. Also heard Mr. D. Bora, learned Junior Government Advocate appearing for the respondents no. 1, 2, 3 and Mr. D. Upamanyu, learned standing counsel, Health Department appearing for respondents no. 4, 5 and 6.
2. The petitioner in the present proceedings has raised a grievance with regard to the denial to him his due appointment in terms of his selection against a Grade-IV post included in the Special Recruitment Drive carried out by the respondent authorities for filling up of 662 backlog vacancies in different Government Departments for persons with benchmark disabilities in the year 2005.
3. The petitioner being eligible has submitted his candidature in pursuance to a notice issued by the Directorate of Social Welfare, Assam in the year 2005 for filing up of 662 vacancies in Grade-IV post for persons with benchmark disabilities. The petitioner had applied against the category of Visually Impaired. On being successful in the selection process his name figured in the select list against the post so available under the various establishments of the Director of Health Services, Assam. The petition
The court directed the consideration of a petitioner's appointment against available vacancies from a 2005 recruitment drive, emphasizing fair treatment for candidates with disabilities.
Expired select lists cannot be used for appointments; fairness and transparency in recruitment must be upheld.
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 central legal point established in the judgment is the obligation of the government to provide the mandatory three per cent quota for PWD category in recruitment processes, as required by the Per....
The waiting list for recruitment is exhausted upon appointment, necessitating a fresh selection process for any resultant vacancies.
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