WP(C)/28/2008 of Kalyan Chandra Dahal Vs State of Sikkim and another on 24 November 2008

01. lN THE HIGH COURT OF SIKKIM

OF]DEF] SHEET

No. 28 of 2008

Petitioner / AHz±

I)r. Kal an CThandra

Versus

State of Slkklm and Another

Pespondent a

Off ice Note as toaction (if any)taken on Order Order with Signature Present: Mr, K. T. Bhutia, Senior Advocate with Ms.Neeru Sharma, Advocate for thePetitioner.

Mr. S. P. Wangdi, Advocate General withMr. Karma Thinlay, Government Advocatefor the State-Respondents.

This is a Writ Petition filed under Section 226 ofthe Constitution of India by the petitioner who is adisabled person. The petitioner has applied for andappeared in written test as well as viva-voce test for thepost of GDMO/Medical Officer in response to theadvertisement dated lst March, 2008 issued byrespondent No.2. The petitioner having qualified in thewritten test was called for viva-voce test and he also satfor the said test, The main grievance of the petitioner is that in theadvertisement dated lst March, 2008, whereby 28 postswere advertised reservation for disabled persons wasleft out in violation of Section 33 of the Persons withDisabilities (Equal Opportunities, Protection of Rights?nd Full Participation) Act, 1995. This omission,according to the petitioner, is violative of his rights toequality under Sections 14 and 16 of the Constitution ofIndia. The learned Advocate General appearing for theState, however, clarified at the Bar that there was agenuine mistake on the partofthe respondent No.2

sei._ia]No. ofOrder

Orders r''i'n signature

while issuing the advertisement in question. Itis stated that vide Office MemorandumNo.1632/GEN/DOP dated 27/2/2008, 3%reservation for disabled persons had alreadybeen made. However, as this OfficeMemorandum escaped the notice of respondentNo.2, the advertisement was issued withoutincorporating the reservation of the disabledpersons. It is further submitted by the learnedAdvocate General that the matter regardingcorrection of the advertisement so as toincorporate the reservation of disabled personsis under process and is at the very maturedstage. Such being the position, the grievance othe petitioner is likely to be met once thenecessary correction is made in the saidadvertisement. It is, however, hoped that thnecessary correction shall be made before theresult of the interview is announced.

With the above observation, this WritPetition stands disposed at the motion stageitself.

Let a copy of this order be furnished tothe learned Advocate General through theGovernment Advocate for information andcompliance.ul ( ]ustfearpTsubba )Acting Chief Justice2®-11-2008

Ofr]ce Note as toaction (I, any)taken on order #¢`i#