ORDER

25.05.2022 Heard Mr. B. Islam, learned counsel for the petitioner.

2. The petitioner’s counsel submits that the petitioner’s father Shri Deben Borah was injured during the Assam Movement and accordingly the petitioner is entitled to be given preferential appointment when recruitment is made to a Government post, in terms of Rule 4 of the Assam Public Services (Preferential Appointment) Rules, 1999, hereinafter referred to as the ‘1999 Rules’, 3. The petitioner’s counsel submits that the office of the District Magistrate, Nagaon has issued a Certificate dated 29.11.2016 stating that the petitioner’s father was injured in connection with his participation in the Assam Movement on the problem of foreigners.

4. Ms. S. Barua, learned counsel for all the respondents submits that there is no Medical Certificate annexed to the writ petition to show that the petitioner’s father suffered from any physical disability in the Assam Movement. He also submits that the genuineness of the Certificates issued by the authorities, which are annexed in the writ petition would have to be verified by the respondents, besides the petitioner requiring to have all the eligibility criteria required for being considered for Government post in terms of 1999 Rules.

5. On hearing the learned counsels for the parties, this Court is of the view that this writ petition can be disposed of at the Motion stage itself.

6. A reading of the provisions of the 1999 Rules provides that an “affected candidate” who is otherwise eligible under the normal Rules, shall be given preference in making appointments to post under the Government of Assam, recruitment to which are made through the Assam Public Service Commission or otherwise than through the Assam Public Service Commission. The 1999 Rules also provides that if an “affected candidate” is found to be a member of family of a martyr or a disabled person, the said person can be considered for appointment against the Government post in terms of the 1999 Rules.

7. Section 2(a) of the 1999 Rules defines “Affected Candidate” to mean a candidate who is a member of the family of a martyr or a member of a family of a person, who has been rendered physically disabled and possesses a certificate to that effect issued by the Deputy Commissioner of the respective District, in such form as specified in the Schedule to these Rules.

8. Section 2(f) of the 1999 Rules defines “Physically Disabled” to mean a person disabled in any major part of his body leading to total disablement, in connection with Assam Movement on the problem of foreigners.

9. The petitioner claims to be the son of Deben Borah, who was physically disabled due to an injury during the Assam Movement. The certificate issued by the office of the District Magistrate, Nagaon states as follows :

“TO WHOM IT MAY CONCERN This is to certify that Sri Deben Borah, of Village : Nanoi Panigaon, P.S. Sadar, Sub-Division-Sadar of District-Nagaon was killed/physically disabled/injured in connection with his/her participation in the Assam Movement on the problem of Foreigners and that Sri Simanta Borah is a son/daughter/wife/husband/brother/sister/

daughter-in-law/nephew/niece/grand-son/grand-daughter of the said deceased/physically disabled/injured.

th Dated, Nagaon the 29 Nov/2016”

2 tick marks have been made over the word “injury”

10. On the other hand, Section 2(a) of the 1999 Rules requires that the Certificate to be issued by the District Magistrate’s office has to be in terms of the Schedule to 1999 Rules, which states as follows :

“2(a) Affected Candidate” means a candidate who is a member of the family of a martyr or a member of a family of a person who has been rendered physically disabled and possess a certificate to that effect issued by the Deputy Commissioner of the respective District in such form as specified in the Schedule to these rules”. The Schedule referred to in Rule 2(a) states as follows :

“SCHEDULE In pursuance of Rule 2(a) of the Assam Public Services (Preferentia