This order dismisses a writ petition challenging the selection and appointment of two candidates for a reserved Physical Disability quota post. The Court found the respondents had higher marks and valid disability certificates, rejecting the ground for interference.
Writ petition dismissed.
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GAHC010080442020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2439/2020
ABDUL MANNAN
S/O. ABDUL SALAM, R/O. BORIGAON, P.O. DANDUA, DIST. MORIGAON, ASSAM, PIN-782104.
VERSUS
ASSAM PUBLIC SERVICE COMMISSION AND 4 ORS. REP. HEREIN BY ITS CHAIRMAN, JAWAHAR NAGAR, KHANAPARA, GUWAHATI, KAMRUP (M), ASSAM-781006.
2:SELECTION COMMITTEE (APSC)
(FORMED FOR THE PURPOSE OF APPOINTMENT OF FISHERY DEVELOPMENT OFFICER) JAWAHAR NAGAR KHANAPARA GUWAHATI KAMRUP (M) ASSAM PIN-781006.
3:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPTT. OF FISHERIES (GOVT. OF ASSAM) DISPUR JANATA BHAWAN DISPUR PIN-781006 GUWAHATI (M) ASSAM.
4:ABDUL AZIZ
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S/O. MOINUL HOQUE BHAKATGAON P.O. SHILLONGONI PIN-782002 NAGAON ASSAM. 5:UTPAL KALITA MS FISHERIES DIRECTORATE OF FISHERIES APART CELL MEEN BHAWAN GUWAHATI KAMRUP (M) PIN-781006 ASSAM
Advocate for the Petitioner : MR. S CHAMARIA
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 06-12-2021
Heard Mr. S. Chamaria, learned counsel for the petitioner. Mr. D. Nath, learned counsel appearing for the respondent No.3, Mr. T.J. Mahanta, learned counsel appears for the respondents No.1 & 2 and Mr. D.P. Borah, learned counsel appears for the respondents No.4 & 5.
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selection and appointment of the respondents No.4 and 5.
Writ petition is accordingly dismissed.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the Writ Court should interfere with the selection and appointment of candidates over the petitioner who has a locomotor disability.
Whether the selection process conducted by the Assam Public Service Commission favored the respondents Nos. 4 and 5 over the petitioner despite both being PWD candidates.
Whether the petitioner's claim of higher disability percentage warrants overturning the appointment of better scoring candidates.
1 provisions across 1 enactments
ABDUL MANNAN
ASSAM PUBLIC SERVICE COMMISSION
SELECTION COMMITTEE (APSC)
COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
ABDUL AZIZ
UTPAL KALITA
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
