WP(C) 4174/2008 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. M.K. Boro, learned counsel for the petitioner as well as Ms. R. Chakraborty, learned Addl. Sr. Govt. Advocate, Assam. The petitioner is physically disabled person (hearing impaired) has filed this writ petition praying for a direction to the respondents more par ticularly the respondent No.5 to appoint him against the vacancy position of Gra de-IV, for which, he was selected in the year 2006. The select list was publishe d on 28.7.2006. According to the petitioner, he occupied merit position at seria l No. 4 in the select list. The Director of Social Welfare, the nodel department on the basi s of the vacancy position furnished by the respective departments, conducted the selection. From the materials on record, it appears that the vacancy positi on in the concerned department i.e. Handloom, Textile and Sericulture Department (respondent No. 3) was indicated as 18 (Group-III) and 7 (Group-IV). However, t he appointing department i.e. the respondents No. 3 and 5 in their counter affid avit has disputed vacancy position. It is the stand of the said respondents that although in the district merit list, the petitioner occupied merit position at serial No. 4, but in the combined merit list his position came down to serial No . 5. It is the further stand of the said respondents that actual vacancy positio n being 1 (Group-III) and 4 (Group-IV) and the merit position of the petitioner being at serial No. 5 (Group-IV), he could not be appointed. In the counter affidavit, the stand of the Social Welfare depart ment is that as the nodal department, it conducted the selection and it was the duty on the part of the appointing department on the basis of the selection cond ucted to make appointment. In the counter affidavit filed by the respondent No. 3, the letter dated 18.12.2007 has been annexed as Annexure-D. As per the said l etter, the vacancy position was wrongly shown as 18 (Group-III) and 7 (Group-IV) as against the actual vacancy position 1 (Group-III and 3 (Group-IV). As per th e said letter, there was mistake in furnishing the inflated figure of vacancy po sition. The letter further indicates that there was request from the department to the nodal department to correct the mistake, but the same was not done. Mr. Boro, learned counsel for the petitioner has drawn my attent ion to Annexure-G letter dated 5.12.2007, which indicates future vacancy positio n as 4 (Group-III) and 57 (Group-IV). He submits that the selection having been conducted and the petitioner having been promised for appointment on the basis o f the vacancy position described, he is entitled to get appointment. Ms. R. Chak raborty, learned State Counsel on the other hand submits that the past selection cannot take into its fold the future vacancy. She also submits that the aforesa id Annexure-G letter dated 5.12.2007 clearly indicates that against the said vac ancies, there is no quota for physically handicapped persons. From the materials on record, it appears that the correct vacanc y position is not discernible. While at the time of making the selection, vacanc y position was indicated as 18 (Group-III) and 7 (Group-IV), but later on appoin ting department took the stand that vacancy position is 1 (Group-III) and 3 (Gro up-IV) respectively. It was the expectation of the petitioner that since he was included in the merit list with merit position at serial No. 4, he would be appo inted against any of the Group-IV) vacancies. Considering the matter in its entirety, I dispose of the writ pe tition with a direction to the respondent No. 3 to re-examine the case of the pe titioner taking into account the actual vacancy position and thereafter pass ord er in accordance with law. Direction is also issued to the Director of Social We lfare, Assam to consider the case of the petitioner for appointment in any other department, if he cannot be accommodate in the department of Handloom, Textile and Sericulture Department for want of vacancy Whatever may be the outcome of the case of the petitioner, same shall be communicated to him. Entire exercise shall be carried out as expeditiously as possibl e, but at any rate, not later than 31.7.2009. With the above directions, writ petition stands disposed of.