Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE GAUHATI HIGH COURT
(THE COURT OF ASSAM: NAGALAND: MEGHALAYA: MANIPUR: TRIPURA:
MIZORAM AND ARNACHAL PRADESH)
ITANAGAR PERMANENT BENCH
WP (C) 596 (AP) 2005
D.D. 19.1.2006
Hon’ble Mr. Justice H.N.Sarma
Shri Dakme Abo ... Petitioner
Vs.
The State of Arunachal Pradesh & Ors. ... Respondents
Reservation:
Whether stammering is a physical disability? - No
Recruitment to the post of Inspector (Tax & Excise) – Petitioner a candidate suffering from the
disability of stammering has challenged recruitment on the ground 3% reservation for physically
handicapped has not been made – The State respondent has contended as the post is meant for
carrying out physical duties including investigation, raid etc., reservation under P.H. has not been made
- High Court in view of the fact that stammering does not fall within the category of physical disability
defined under Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995, has held that no reservation is required to be made as provided
under Section 33 of the said Act and consequently dismissed the writ petition as without merit.
Held:
A discussion of the aforesaid provisions of law as well as the related facts discloses that disability
of “stammering” does not fall within the category of physical disability entitling the petitioner to have
reservation on the ground of physical disablement in the post so advertised by the Commission.
ORDER
In this writ petition, the petitioner has prayed for issuance of a writ in the nature of mandamus
restraining the respondents from declaration of the result of the interview of Inspector (Tax & Excise)
unless they specified the 3% reservation for physically handicapped quota. Further prayer for issuance
of mandamus was also made to implement the Govt. memo dated 22.1.2002 in all the direct recruitment
process.
2. The petitioner obtained the B.A. degree from Bharatiya Shiksha Parishad, Uttar Pradesh and
also obtained Bachelor of Education degree from the Hindi Sahitya Sammelan University, Allahabad
in the year 2003.
Arunachal Pradesh PSC
173