WP(C) 2(K)/2013. Gauhati High Court

Case NumberWP(C) 2(K)/2013
Judgement DateMarch 02, 2021
CourtGauhati High Court

1

IN THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM: NAGALAND: MIZORAM & ARUNACHAL PRADESH)

KOHIMA BENCH

W. P. (C). No. 2(K)/ 2013

Shri. Chichuse Kaj iri,

C/ o. Chichut ho, St . Xavier School, Meluri, Dist rict - Phek, Nagaland.

…………. . Petitioner

-VERSUS-

  1. The St at e of Nagaland, represent ed by t he

    Commissioner & Secret ary t o t he Government of Nagaland,

    Depart ment of School Educat ion, Nagaland, Kohima.

  2. The Direct or of School Educat ion,

    Nagaland, Kohima.

  3. The Dist rict Educat ion Of f icer,

    Govt . of Nagaland, Phek.

  4. The Addit ional Secret ary,

    Depart ment of Social Welf are & Women and Child Development , Nagaland, Kohima.

    ……………… Respondents

    BEFORE

    HON’ BLE MR. JUSTICE S. SERTO

    For t he Pet it ioner : Mr. D. St ephen, Mr. K. Yant han,

    Mr. K. L. Solo,

    Ms. Alemla, Adv.

    For t he respondent : Ms. V. Chishi, Govt . Adv.

    Dat e of hearing & Judgment : 02-03-2017

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    JUDGMENT & ORDER (ORAL)

    Heard Mr. K.L. Solo, learned counsel f or t he pet it ioner and also heard Ms. V. Chishi, learned Government Advocat e appearing f or t he St at e respondent s.

  5. This is a writ pet it ion f iled by a person who is admit t edly suf f ering f rom locomot or disabilit y praying f or issuance of a writ in t he nat ure of Mandamus or any ot her appropriat e writ or order(s) or direct ion(s) against t he respondent s t o appoint him as Primary Teacher in t he disabilit y quot a.

    The case of t he pet it ioner as submit t ed by t he learned counsel f or t he pet it ioner is t hat by advert isement dat ed 09. 12. 2011, Government of Nagaland invit ed applicat ions f or appoint ment t o t he post of 1190 Primary Teachers in t he Government Schools of Nagaland. And in t hat advert isement , it was ment ioned t hat 3% of t he vacancies in t he post s of Primary Teacher would be reserved f or persons wit h t he f ollowing disabilit ies: -

    (i). Blindness wit h low vision,

    (ii). Hearing impairment and

    (iii). Locot omor disabilit y o Cerebral Palsy

    The advert isement also f urt her ment ioned t hat one percent will be reserved f or each person wit h disabilit ies: -

    (i). Blindness wit h low vision,

    (ii). Hearing impairment and

    (iii). Locot omor disabilit y or Cerebral Palsy

    The pet it ioner being a Graduat e in Humanit y, t heref ore, eligible applied f or t he j ob. The respondent s conduct ed t he writ t en examinat ion on 22. 01. 2012 and t he pet it ioner appeared t he same and he was also declared one of t he candidat es who qualif ied f or viva-voce t o be held on 15. 05. 2012. The pet it ioner, accordingly, appeared bef ore t he Int erview Board duly const it ut ed. While wait ing expect ant ly f or t he result , t o his surprise, he was declared not select ed. Being shocked and surprise, an RTI was submit t ed t o t he Public Inf ormat ion Of f icer of t he Dist rict Educat ion Of f icer, Phek Dist rict , Phek t o inquire about t he reason why he was not select ed. In reply t o t he RTI applicat ion dat ed 17. 05. 2012, t...

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