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M. V. MURALIDARAN
Sinam Kalpana Devi – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioners to quash the impugned selection list dated 20.12.2016 and to direct the respondents to prepare another selection list after providing three per cent quota amounting to 5 posts under Persons with Disability (PWD) category as contemplated under the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995 (for short, 'the said Act').
2. Heard Mr.S.Rajeetchandra, learned counsel for the petitioners; Mr.Ibotombi, learned senior counsel for the private respondent No.3 and Mr. HS Paonam, leaernd senior counsel for the respondent No. 4. Heard also Mr.H.Debendra, learned Government Advocate for the respondent State.
3. Briefly stated, the case of the petitioners is as follows:
On 5.5.2016, the Directorate of Health Services, Government of Manipur, called for applications from intending candidates for recruitment to various posts in the Department. Amongst the posts, 163 vacant posts of staff nurse were indicated. The petitioners having requisite qualification have applied under PWD category along with relevant documents. The Employment Exchange, vide letter dated 30.5.2016, forwarded fi
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....
While statutory provisions mandate filling unfilled reserved disability vacancies through interchange, the process remains strictly subject to merit-based selection criteria. Candidates cannot establ....
Point of Law : As per Section 32 of the Act of 1995, the appropriate Government, which in this case is the State Government of Assam, is required to inter-alia identify posts in every establishment t....
Separate merit-based filling of disability quota backlog posts valid without batch-wise; participation estops post-non-selection challenge; no prejudice as competitive within category.
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