WP(C) 5267/2008 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. U.K. Nair, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Standing Counsel, Health Department. None has appeared for th e Social Welfare department. The two petitioners are physically challenged (Hearing impaired). Pursua nt to the selection conducted by the Social Welfare department for filling up of vacancies by physically challenged candidates, they were recommended for appoin tment in the Health and Family Welfare Department. However, when no appointment was made, they filed the instant writ petition. Be stated here that they are exp erienced for Grade-IV appointment. In the counter affidavit filed by the respondent No.2 i.e. Health and Fa mily Welfare (A) Department, while admitting that the two petitioners occupied m erit position at Sl No.7 and Sl No.16, however also stated thus:- The select list, which was prepared by Social Welfare Department, appea red to be ambiguous. The Social Welfare Department had prepared the list under t hree heads, namely, district wise, category wise and position wise. The deponent most humbly states that it is difficult to ascertain how to select from this li st. Hence, there is problem in selecting candidates for appointment against vaca ncies suitable to the candidates in the respective districts. That as regards to the statements made in paragraph 11 of the writ peti tion, the deponent respectfully begs to state that the present vacancy position will have to be verified and at the same time, the merit position of the petitio ner in the select list also have to be taken into consideration if appointments can be considered depending on the vacancy, suitable to the candidates, as per m erit position of the select list. Mr. Nair, learned counsel for the petitioners referring to the counter a ffidavit filed by Social Welfare Department in another writ petition being WP(C) No.4437/2007, submits that there being 08(eight) vacancies under the Directorat e of Medical Education, GMC, Guwahati, at least the petitioner No.1 can be very well accommodated. As regards the petitioner No.2, he submits that since the sel ect list was not only for the Health and Family Welfare department, but was mean t for accommodating physically challenged candidates in the Government Departmen ts, an exercise is required to be carried out by the Social Welfare Department t owards accommodating the petitioner No.2. The matter is pending since 2008 and after filing of the affidavit in op position on 23.06.2009, the present position is not known. As stated in the coun ter affidavit, the vacancy position was to be verified in reference to the merit position of the petitioners. In view of the above, the writ petition is disposed of directing the res pondents in the Social Welfare Department and the Health and Family Welfare Depa rtment to carry out the required exercise to find out as to whether the petition ers could be accommodated against any available vacancies for which the select l ist was prepared. Let the required exercise be carried out as expeditiously as possible, p referably within two months. While carrying out the required exercise, the autho rity in the Social Welfare Department shall also find out as to whether any cand idates below the merit position than the petitioners have already been appointed . If anyone below the petitioners has already been appointed in some other Depar tments or in the Health and Family Welfare (A) Department, the case of the petit ioners shall be considered as per their merit position in reference to those can didates.