IMPORTANT POINT
The reservation for Persons with Disabilities must apply from the start of the selection process, ensuring fair competition among candidates within the reserved category.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. T. Tagum, learned counsel for the petitioner. Also heard Mr. A. Apang, learned Senior Counsel assisted by Ms. K. Loya, learned counsel for the respondent No. 1; Mr. S. Tapin, learned Senior Government Advocate for the respondent Nos. 2, 3 and 4; Mr. R. Saikia, learned counsel for the respondent Nos. 6, 7, 9, 10 and 11 and Mr. G. Taloh, learned counsel for the respondent No. 8.

2. The petitioner, Shri Gyamar Tana, has instituted this proceeding, under Article 226 of the Constitution of India, praying for the following reliefs:

(i) To direct the respondent No. 1 (APPSC) to include and publish the petitioner’s name in the list of qualified candidates of Persons with Disabilities against PwD reserved quota in the result of written examination of Assistant Engineer (Civil) held on 09.06.2018 and 10.06.2018.

(ii) To direct the respondent No. 1 to call the petitioner for viva-voce/interview and recommend him for appointment to the post of Assistant Engineer (Civil) against the reserved quota of Persons with Disabilities.

(iii) To cancel/rescind the appointment order No. SPWD- 08/2019, dated 31.07.2019, in respect of the private respondent No. 6 and the appointment order No. SRWD- 04/2012/14-26, dated 13.08.2019, in respect of respondent Nos. 7 and 8, to the post of Assistant Engineer (Civil), in the Department of PWD and in the Department of WRD, respectively.

(iv) To cancel/rescind the appointment order No. SRWD- 33/2004, dated 15.07.2019, signed on 16.07.2019, in respect of the private respondent Nos. 9, 10 and 11 to the post of Assistant Engineer (Civil), in the Department of RWD.

Background facts:-

3. The background facts, leading to filing of the present petition, are briefly stated as under:

“The Arunachal Pradesh Public Service Commission (APPSC) issued an advertisement for filling up of 60 posts for Assistant Engineer (Civil) under various engineering departments, Government of Arunachal Pradesh, vide Memo No. PSC-R(B)/07/2017, dated 04.07.2017 and subsequent addendum even number dated 14.09.2017, 22.02.2018 and 24.04.2018. In the said advertisement, the APPSC had fixed 45% of cut off marks in aggregate in written examination for calling candidates to viva-voce/interview. It was also indicated in the aforementioned advertisement that out of 60 posts, 5 posts were reserved for Persons with Disabilities (PwD). The petitioner herein being locomotor disability/orthopaedically handicapped and having fulfilled the eligibility criteria as mentioned in the advertisement dated 04.07.2017, had applied for the post of Assistant Engineer (Civil) against reserved quota for PwD. Thereafter, the APPSC had shortlisted the name of the petitioner against reserved quota of PwD and he participated in the written examination which was held on 09.06.2018 and 10.06.2018, the result of which was declared on 12.02.2019, vide notification No. PSC-R(B)/07/2017. But, the petitioner had found neither his Roll Number nor any PwD candidates in the result notification except only one candidate, namely, Nabam Yate. Thereafter, the said candidate was selected against the PwD reserved quota along with other 58 candidates. Thereafter, the petitioner had filed an RTI application seeking his marks statement in written examination, and accordingly, on 18.10.2019, he received the requisite information and found that he qualified the written examination by securing 48.375% marks in aggregate. Despite, his name did not figure in the list of qualified PwD candidates for which he was not called to appear in the viva- voce/interview against the reserved quota of PwD by APPSC. Thereafter, the petitioner had filed one representation on 25.10.2019, for conducting his viva-voce/interview against PwD reser