JUDGMENT & ORDER

Since common issues are involved in all the writ petitions, they were heard together and are being disposed of by this common judgment.

[2] In WP(C) 694 of 2024, the JRBT issued an advertisement for filling up 2500 posts of Multi Tasking Staff, Group-D (category non-technical) in various departments of the Government of Tripura, vide advertisement No.2/2020, dated 03.12.2020 (Annexure 1 to WP(C) No.694 of 2024 which is being treated to be the lead case). In the said advertisement, it was mentioned that the State Government policy on reservation shall be followed.

[3] The JRBT also later on issued another advertisement bearing No. Nil, dated 12.02.2021 [Annexure-1 to WP(C) No.695 of 2024] for filling up 1500 posts of LDC, 22 posts of Agriculture Assistant (except TAFS Grade-III), 443 posts of Agriculture Assistant (TAFS Grade-III), 236 posts of Junior Operator (Pump) and 209 posts of Junior Multi Tasking Operator (Un-common), in total 2410 nos. of posts. In that advertisement also, it was also mentioned that reservation of the post would be as per the reservation roster maintained by the concerned departments and as per the State Government reservation policy and the same would be notified later.

[4] There is no dispute between the parties that in both the cases 4% of total vacancies would be kept reserved for the persons with benchmark disabilities under the provisions of the Rights of Persons with Disabilities Act, 2016 (For short, the RPwD Act).

[5] The petitioner of WP(C) 694 of 2024 and WP(C) 695 of 2024, is the same person, namely, Joyjit Chowdhury. He applied for the post of Multi Tasking Staff (Group-D), LDC, Agriculture Assistant (except TAFS Grade-III), Agriculture Assistant (TAFS Grade-III). According to him, he is suffering from benchmark disability under category of low vision and visual impairment as per clause (a) of Section 34 of the Act, 2016. He has asserted that he qualified in both the written examinations and thereafter appeared in interview and against the post of Multi Tasking Staff, he scored total 49.738 marks, which was the aggregate of both the results of written as well as of viva voce. Against the post of LDC and other Group-C posts as mentioned above, he similarly scored 86 marks. But while the JRBT issued the final selection list under the notification dated 07.09.2024 (Annexure 3 to the lead case) regarding filling up of the post of Multi Tasking Staff, one Tapan Biswas, respondent No.5 who is an SC (PH) category of candidate having similar disability under Clause (a) was recommended for selection though he scored total 49.682 marks which is lesser than the marks scored by him. Similarly, another Bishnu Pada Das, respondent No.6 who is SC (PH) category candidate and is having similar nature of disability, was recommended for selection despite having lesser marks. Likewise, one Smt. Lovely Bardhan, respondent No.7 shown as SC (PH) category, Amarendra Reang, respondent No.8 shown as ST (PH) category and Bikash Reang, respondent No.9 shown as ST(PH) category having similar disability were also likewise recommended though they also scored lesser marks. There are also some other persons in the list similar to them who are arrayed as private respondents herein.

[6] In WP(C) No.695 of 2024 for filling up of Group-C posts as indicated earlier, the JRBT published the result of final selection vide notification dated 13.09.2023 [Annexure-3 to WP(C) 695 of 2024] and according to the petitioner, the last candidate who was selected from PH reserved category with such benchmark disability under Clause (a), scored total 87 marks which is higher than the marks scored by the petitioner but his grievance is that after filling up of those posts, even further 7 posts are lying vacant under blindness and low vision category, but still he has not been selected.

[7] In case No. WP(C) 784 of 2024, the petitioner no.1, namely, Sri Ranjit Debnath participated in the selection proces