GAHC010042842019

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1455/2019

JEHIRUL ISLAM

S/O. MD. AMZED ALI, R/O. VILLAGE- NO. 1 KARIGAON, P.O.

BARUAHPATHAN, DIST.- KAMRUP, ASSAM.

VERSUS

THE STATE OF ASSAM AND 4 ORS.

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,

SOCIAL WELFARE DEPTT., DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.

ASSAM

BHANGAGHAR GUWAHATI-05.

3:THE COMMISSIONER OF PERSONS WITH DISABILITY ASSAM

LATAKATA BASISTHA

GUWAHATI-29.

4:THE DIRECTOR OF FOOD

CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT.

ASSAM

BHANGAGHAR GUWAHATI-05.

5:THE DIRECTOR OF SOCIAL WELFARE DEPARTMENT

UZANBAZAR

GUWAHATI-01

Advocate for the Petitioner : MR. M DUTTA, MS J SAIKIA,MS N NATH

Advocate for the Respondent : GA, ASSAM, SC, FCSCA BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 12-11-2025 Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Addl. Sr. Govt. Advocate, Assam appearing for the State/ respondent.

2. The petitioner has instituted the present proceeding praying for a direction upon the respondent authorities to appoint him against a post Sub-Inspector (SI) in the department of Food, Civil Supplies & Consumer Affairs against the backlog vacancies identified for visually impaired or any other suitable vacancy.

3. As projected in the writ petition, the petitioner had participated in the special recruitment exercise undertaken for Persons with Disability (PwD) in the year 2005-06. The petitioner, as projected in the writ petition was selected for appointment against the vacant post identified for persons with orthopedic handicap in the Animal Husbandry & Veterinary Department. The said appointment, however, could not materialize on account of the fact that the said post was found to be not vacant. The petitioner, thereafter, did not pursue the matter till the year 2017. The petitioner on 28-02-2017 approached the authorities through the “All Assam Disabled Persons Association” by submitting a representation praying for consideration of his case for appointment against the post of SI in the department of Food, Civil Supplies & Consumer Affairs. The said appointment not having materialized, the petitioner has instituted the present proceeding.

4. I have heard the learned counsel for the parties and also perused the materials available on record.

5. The petitioner was selected for appointment against a Gr-III post in pursuance to a special recruitment undertaken for recruiting persons with disability for their appointment against identified vacant post, available in various departments of the Government of Assam in the year 2005-06. The petitioner on his such selection came to be recommended by the Director, Social Welfare Department, Assam -cum- State Level Committee (SLC) for appointment against the backlog vacancy available in the Animal Husbandry & Veterinary department. The said recommendation was made in favour of the petitioner by reflecting him to be a person suffering from orthopedic disability. The said appointment, however, did not materialize and it is seen that the petitioner had not pursued the matter thereafter.

6. In the year 2017, i.e. after a lapse of around 11 years, the petitioner had through his association preferred a representation before the Joint Secretary, Food, Civil Supplies & Consumer Affairs, Dispur, for consideration of his case for appointment as SI in the department in pursuance to his selection in the recruitment exercise held in the year 2005-06. The materials brought on record reveals that 02 (two) posts of SI were reserved for persons with orthopedic handicap in the Food, Civil Supplies & Consumer Affairs Department. The said 02 (two) vacancies has been found to have been already filled up by appointing persons from the same recruitment process, under which the petitioner claims appointment. What is to be noted in the present proceeding is th