Soumen Sen, Uday Kumar, JJ
Dipendu Biswas – Appellant
Versus
The State of West Bengal & Ors. – Respondent
| Table of Content |
|---|
| 1. the appeal arises from a selection challenge for a pwd-lv position. (Para 1 , 2 , 3) |
| 2. contestation over eligibility based on the candidate’s category and application process. (Para 4 , 5 , 6) |
| 3. discussion of categorization provisions for appointments concerning candidates with disabilities. (Para 7 , 8 , 9) |
| 4. the court clarifies the application of horizontal reservation rules. (Para 10 , 12) |
| 5. the court decision favored the appellant for the appointment. (Para 17 , 18 , 19) |
1. The appeal is arising out of an order passed by the learned Single Judge on 11th December, 2023 in a writ petition in which the appellant has questioned the selection of the private respondent to the Unreserved PWD-LV category.
2. Briefly stated, the petitioner participated in the recruitment process in terms of the Notification no. REC/2023/01 under Unreserved PWD-LV (in short “person with disability – blindness and low vision) in the post of Junior Engineer (Civil) Gr.II. There was only one vacancy for the said post. Ahed Reja, the private respondent applied under OBC-A category. The appellant and Reja both declared themselves as PWD-LV at the time of online submission of the application f
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