PIL 2/2007 BEFORE THE HON’BLE MR JUSTICE D. BISWAS, CHIEF JUSTICE (ACTING) THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. S.S. Dey, learned counsel for the petitioner and also Mr. K.N. Choudhury, learned Additional Advocate General, Assam. The grievance of the petitioner in the present appeal is for not making the provision of 3% reservation for persons with disabilities under the provisio ns of the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. It has been contended that though an advertiseme nt has been issued on 2.9.2006 for filling up of 53 numbers of posts of Assistan t Engineers in the Irrigation Department, the 3% vacancies have not been reserve d for the persons with disability as is required under the aforesaid Act. Mr. Choudhury, learned Addl. Advocate General, Assam has fairly submitte d that in pursuance of the aforesaid Act of 1995, 3% posts are to be kept reserv ed for the persons with disability, which has in-fact not been done while issuin g the advertisement dated 2.9.2006. Mr. Choudhury, however, submitted that anoth er 20 posts of Assistant Engineer, Irrigation Department have fallen vacant shor tly and against such vacant posts, backlog and current vacancies against 3% quot a fixed could be accommodated. In view of the aforesaid submission, we dispose of the PIL with directio n to the respondent authorities to work out the backlog as well as the current v acancies against 3% reserved quota for persons with disabilities under the provi sions of the Persons with Disability (Equal Opportunity, Protection of Rights an d Full Participation) Act, 1995 and make provisions for recruitment against thos e posts against the advertisement to be issued by the authorities for filling up of 20 vacancies which are in existence as on date. The authority shall, while i ssuing the requisition to the Assam Public Service Commission, shall indicate su ch reservations in the advertisement to be issued by the Public Service Commissi on which shall include the backlog. As submitted by Mr. Choudhury, learned Advoc ate General, Assam, we hope and trust that necessary advertisement shall be issu ed as expeditiously as possible, preferably within a period of six weeks from to day. With this observation, this PIL stands disposed. A copy of this order be furnished to the learned counsel for the parties .