THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Gyamar Tana S/o Lt. Gyamar Tamu – Appellant
Versus
APPSC – Respondent
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:
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Justice Sunanda Bhandare Foundation vs. Union of India and Anr.
Union of India vs. National Federation of the Blind
J. Jayalalithaa and Ors. vs. State of Karnataka and Ors.
The reservation for Persons with Disabilities must apply from the start of the selection process, ensuring fair competition among candidates within the reserved category.
Appointment on posts of Civil Judge and Judicial Magistrate under Civil Judge Cadre – Candidates who consciously took part in process of selection cannot be permitted to question advertisement or met....
The petitioner, having participated in the selection process without protest, cannot challenge the same upon being declared unsuccessful. The reservation for PwD is a horizontal reservation, and cand....
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.
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