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The Gauhati High Court (HC) asserted that seats reserved for Persons with Disabilities (PwDs) or specially-abled candidates cannot be further classified based on caste, creed, religion, etc.
A Single-Judge Bench of Justice Suman Shyam observed that the petitioner was excluded from the recruitment drive conducted by the Assam Government just for being a general category candidate with physical disability.
The petitioner informed that he was a general category candidate who was suffering from hearing impairment to the extent of more than 60%.
“The Court held that there is no wrangle at the bar that as many as 4 (four) posts of Veterinary Officer/ Block Veterinary Officer were reserved for being filled up by candidates belonging to PWD category. However, as per the advertisement notice, these four posts were meant only for candidates with physical disability belonging to OBC/ MOBC and ST(H) category.” – the court observed.
“From the advertisement notice, it is clear that the recruitment process was not a special drive for intake of only reserved categories candidates belonging to OBC/ MOBC/ ST(H) category but the same was meant for General Category candidates as well. As a matter of fact, out of the 113 posts as many as 16 posts were meant for the general category candidates. There is also no dispute about the fact that the petitioner suffers from disability, being a person suffering from hearing handicap. As such, he would have been entitled to the benefit of reservation meant for the PWD hearing handicap category.” – the judgement further added.