Sameer Bhiku Naik vs State Of Goa, Thr. Its Chief Secretary And 2 Ors

The petitioner has filed present Writ Petition with the grievance that the impugned advertisement dated 10.12.2021 for filling up the post of

Assistant Agricultural Officer had de-reserved two posts reserved for persons with disabilities It was submitted that therefore, the advertisement

deserves to be revoked.

In response to the notice issued by this Court, the respondent no.2-Goa Public Service Commission has stated on affidavit as follows at paragraphs

5 and 6:-

I state that dealing with Petitioner’s presumption, it is stated that this Respondent have not de-reserved any of the post, reserved for the Person

with Disabilities (PwD) and the post reserved for PwD are not advertised in the advertisement which is impugned herein. I state that this Respondent

have advertised 2 post for PwD for five times in 3 recruitment years despite which the post remained to be unfilled and which have been brought to

the notice of Respondent no.3 vide letter dated 17.11.2021. I state that this Respondent have intimated to the Respondent no.3 in order to fill up the 2

post reserved for PwD category the Respondent no.3 may interchange the benchmark disability as per the Office Memorandum dated 15.01.2018 and

submit a fresh proposal to this Respondent with 02 PwD category post. I sate that the Respondents no.2 have yet not received any reply from the

Respondent no.3 to the letter dated 17.11.2021.

Annexed hereto and marked as “Exhibit-A†is the copy the letter dated 17.11.2021 issued by the Goa Public Service Commission to the Director,

Directorate of Agriculture, Government of Goa and OM dated 15.01.2018 issued by the Ministry of Personnel, Public Grievances & pension

department of Personnel & Training.

I state that in view of above it is clear that this Respondent have neither advertised 2 post reserved for PwD category nor de-reserved two post

reserved for the PwD category of “Assistant Agricultural Officer†and has not brought within the realm of General Category as contended and

apprehended by the Petitioner.

The above quoted portion of the affidavit filed on behalf of the respondent no.2 makes it very clear that apprehension of the petitioner that aforesaid

two posts stood de-reserved is without any basis. Therefore, the grievance no longer survives.

Accordingly, the Writ Petition is disposed of.