PIL 70/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR MADAN B. LOKUR HON’BLE MR JUSTICE HRISHIKESH ROY (Lokur, CJ) : There is no representation on behalf of the petitioner. The respondents issued an advertisement on 20th August, 2008 for recruit ment in the cadre of Sub Inspector of Food and Civil Supplies and Consumer Affa irs under the Government of Assam. It is mentioned in the advertisement that 3 % of the posts are reserved for orthopaedically handicapped persons as per Gover nment Office Memorandum dated 11th May, 2005. The petitioner filed the present writ petition in public interest conte nding that no reservation has been made for persons who are visually handicappe d. The respondents have filed an affidavit which is not on record, but a co py of the affidavit has been shown to us by learned counsel for the State. The R egistry will ensure that the affidavit is placed on record. We have gone through a copy of the affidavit and find that while there i s an Office Memorandum dated 3rd December, 1992 which provides for 3% reservation for physically handicapped persons of which 1% is meant for visually challenged, 1% is meant for Deaf & Dumb and 1% is meant for orthopaedically han dicapped persons. An exception has been carved out of the general rule out by Office Memorandu m dated 11.5.2005. The exception is limited to the post of Sub Inspector and in that post reservation has been made only for orthopaedically handicapped perso ns, but not for visually handicapped persons or those who are Deaf and Dumb. Since there is an Office Memorandum that is being followed to which the re is no challenge, we are not inclined to interfere with the advertisement da ted 28th August, 2008. We do, however, expect the Government to keep in mind the fact that the category of visually handicapped persons also need encouragement through reserv ations under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The wit petition is disposed of with the above observations.