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Judgment
KH. Nobin Singh, J
(Video Conference)
Heard Shri Murtaza Ahmed, learned counsel appearing for the petitioner.
The grievance of the petitioner is that when the notification dated 20-1-2021 was issued by the Director of Veterinary and Animal Husbandry Services, Manipur inviting applications for appointment to various posts including Veterinary Field Assistants, Primary Investigators and Veterinary Attendants, the reservation as regards the persons with disabilities has been shown as 3% of the total number of posts. The further grievance of the petitioner is that the Rights of Persons with Disabilities Act, 2016 has been enacted by way of amendment, repealing the earlier Act of 1995, wherein Section 34 specifically provides for reservation of not less than 4% of the total number of vacancies in favour of the persons with disabilities. It has been submitted by the learned counsel appearing for the petitioner that the recruitment process pursuant to the said notification dated 20-1-2021 is almost complete and only the result thereof is yet to be declared and therefore, a prayer made by the counsel appearing for the petitioner is that the reservation of not less than 4% should be adopted at the time of declaration of the result, failing which this Court may direct that the result may not be declared. It has been submitted by Shri Th. Sukumar, learned GA appearing for the respondents that he would give necessary advice to the Government that before the result being declared, the provisions of Section 34 of the said Act shall be adopted and implemented.
In view of the above, let notice be issued to the respondents returnable on 3-2-2022.
Since Shri Th. Sukumar, learned Government Advocate has accepted notice on behalf of the respondents, no formal notice is called for in respect of the respondents.
By way of interim measure, it is directed that no result of the said recruitment process initiated pursuant to the notification dated 20-1-2021 shall be declared, if Section 34 of the said Act is not adopted and implemented. It is made clear that at the time of declaration of result, if the provisions of Section 34 having been adopted, it is open to the respondents to declare the result.