Gauhati High Court directs Assam government to file affidavit

Reservation for persons with disabilities in Grade III and Grade IV posts

STAFF REPORTER

GUWAHATI: The Gauhati High Court has directed the State Government to file an affidavit clearly indicating the steps taken towards the reservation of Grade III and Grade IV posts under various reservation laws.

A petition (WP(C)/5397/2022) had been filed in the Gauhati High Court by the Pratibandhi Suraksha Sangstha, Assam. In the petition it was stated that the Pratibandhi Suraksha Sangstha, Assam a registered association of the disabled persons of Assam, which includes all categories of disabilities. Nripen Malakar is the secretary of the association. The petition had been filed to challenge the advertisement issued by the State-level Recruitment Commission on 25.03.2022 advertising for a number of Grade-III and IV posts to be filled up.

According to the Pratibandhi Suraksha Sangstha, Assam, there is 4 per cent reservation of the total vacancies in terms of Section 34(1) of the Rights of Persons With Disabilities Act, 2016. But, from the admit cards issued by the respondent authorities (State-level Recruitment Commission Class III and Class IV posts) there appears to be no reservations made for persons with disabilities. The petition sought interference from the court in this regard.

The court observed that the advertisement dated 25.03.2022, more particularly at paragraph No. 2 for Grade-III posts and paragraph No. 3 for Grade-IV posts, there will be reservation of posts for various categories as per prevailing government rules and the details of the vacancies, including particulars of pay, etc shall be published ahead of the conduct of examination along with details of reservations against reserved categories. The court stated, "Therefore, the allegations made by the petitioners (Pratibandhi Suraksha Sangstha, Assam and Nripen Malakar) will require to be examined after a response is made by the respondents."

The court directed the state respondents to file their affidavit clearly indicating the steps taken towards the reservation of posts under various reservation laws including those under the Rights of Persons With Disabilities Act, 2016.

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