JUDGMENT & ORDER : 1. Heard Mr. A. Bhaumik, learned counsel appearing for the petitioner as well as Mr. N. Choudhury, learned G.A. appearing for the respondents No.1 & 2 and Mr. P. Datta & Mr. T. Debbarma, learned counsel appearing for the Tripura Public Service Commission, the respondent No.3 herein. 2. The facts are mostly admitted by the parties, save and except allotment of vacancies for the physically challenged categories in terms of 4-cycle roaster [100 point]. It is also admitted that under proviso to Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the Government of Tripura having considered the nature of work has excluded the hearing- impaired persons from appointment from the posts under Tripura Civil Services Grade-II. Only the persons with blindness or low vision and locomotor disability or cerebral palsy are eligible for selection in those posts. On requisition of the respondent No.1, Tripura Public Service Commission, the respondent No.3 published the advertisement No.04/2016 [Annexure-1 to the writ petition] for selection against 13 vacant posts under Tripura Civil Services Grade-II. Out of which two posts for Locomotor and low vision categories were reserved. But, subsequently by the addendum to the said Advertisement under No.04/2016 dated 30.04.2016 which was issued on 03.07.2017 [Annexure-5 to the writ petition], those two reserved vacancies were reduced to one for the person having the locomotor disability. Thus, the petitioner being from low-vision category was excluded, thereby from participating in the process. Being aggrieved, he has filed this writ petition. 3. Mr. A. Bhaumik, learned counsel appearing for the petitioner has submitted that from the affidavit filed by the Department of General Administration (P & T), Government of Tripura in response to the order dated 07.02.2017 as passed by this court, it would be apparent that in the said cadre the following points in the 4-cycle 100 Point Roster were available for the physically challenged persons: Cycle/ Roster Point No. & Category Reserved for Date of identification of PH for TCS Man in position & date Remarks 1/54-ST PH-Hearing Impairment 16.11.12 Vacant PH-Hearing impairment is not identified post of TCS 2/64-ST PH-locomotor disability or cerebral palsy 16.11.12 Vacant Identified post 3/25-UR PH-Blindness or low vision 16.11.12 Vacant Identified post According to Mr. Bhaumik, learned counsel there were three clear vacancies available for the physically challenged person under 30% reservation category. 4. Bhaumik, learned counsel there were three clear vacancies available for the physically challenged person under 30% reservation category. 4. There is no dispute that one person from the Locomotor disability has already been accommodated against the point No.1/32. Mr. Bhaumik, learned counsel has not referred to that point and as such there is no issue over the point. From the inspection of 100 Point Roster it appears that though the total cadre strength is 240, but only 168 posts/vacancies are to be filled by direct recruitment keeping the remainder to be filled up by promotion. As such the roster point would be verified up to 168. It appears that such verification has been done on 24.05.2017. From the column No.9 it appears that Point No.54, 25 and 164 in their respective cycle were available since the Roster Point was verified upto 168. The point No.54 and 164 were clearly available for 30% reservation, to be filled up by the physically challenged persons. Hence, the claim that the three vacancies were available is not sustainable. The total vacancy would be two in the present exercise. 5. Both Mr. Choudhury, learned G.A. and Mr. Datta, learned counsel appearing for the respondents have acceded to the said statement and as such it has clearly surfaced that the addendum that was issued by the respondent No.3 on 03.07.2017 [Annexure-5 to the writ petition] was grossly erroneous. But for that the Public Service Commission cannot be made responsible inasmuch as by the communication under No.F.2(4)-GA(P&T)/2015 dated 19.06.2017 [Annexure-C to the writ petition] the General Administration (Personnel & Training) Department informed the Secretary to the Tripura Public Service Commission that the selection is slated against 30 (thirty) TCS (SC-6, ST-11, UR-13) vacant posts, meant for direct recruitment quota. Out of those 30(thirty) posts, 1(one) post is to be kept reserved for Physically Handicapped person with locomotor disability. Accordingly, the Public Service Commission published the said addendum. 6. Consequent upon the above observation, the addendum is not sustainable. The decision contained in the communication dated 19.06.2017 [Annexure-C to the counter-affidavit filed by the respondent No.3] cannot be sustained as well. Those, therefore, stand quashed. Even the Roster inspection report which was prepared on 03.03.2016 has indicated clearly that two vacancies are to be filled up from 30% reserved category. The decision contained in the communication dated 19.06.2017 [Annexure-C to the counter-affidavit filed by the respondent No.3] cannot be sustained as well. Those, therefore, stand quashed. Even the Roster inspection report which was prepared on 03.03.2016 has indicated clearly that two vacancies are to be filled up from 30% reserved category. In the emerged situation, it would be apposite to direct the respondent No.3 not to proceed with the selection of 3% reserved category for physically challenged persons in terms of Advertisement No.4/2016 dated 30.04.2016. The said category shall be segregated. Even though, this court by an interim order had directed the Public Service Commission to allow the present petitioner to appear in the written examination. Even his answer sheets shall be segregated, shall not be the part of present exercise inasmuch as the court is inclined to allow the Tripura Public Service Commission to proceed with the process in respect of the other candidates. However, the Public Service Commission shall not recommend any name till the direction, as would be given hereinafter, is complied with. The respondent No.1 in particular is given time till 07.07.2018 to issue a fresh requisition to the Tripura Public Service Commission for those 2 (two) vacancies to be filled up under 30% reservation category, in terms of Section-33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 from the blindness/low vision category and locomotor disabilities or cerebral palsy category, 1(one) from each category. Obviously one post each go to the two separate categories viz., blindness/ low vision category and locomotor disability or cerebral palsy. 7. Having received the said requisition, the Tripura Public Service Commission shall publish a fresh addendum within the seven days from the date of receipt of the requisition showing the fresh schedule of the written examination etc. The written examination has to be held in such a manner so that the recommendation can be made by the Public Service Commission along with the candidates from the other category. This direction has been given to the Public Service Commission so that 3% reserved category candidates do not suffer any prejudice for the mistake committed by the respondents. 8. The interim order as passed earlier stands modified and vacated. This direction has been given to the Public Service Commission so that 3% reserved category candidates do not suffer any prejudice for the mistake committed by the respondents. 8. The interim order as passed earlier stands modified and vacated. It is made clear that the Public Service Commission can publish the result of the written examination from the other categories and they can also proceed for the Viva-Voce. But, as stated earlier they shall not recommend any candidate to the respondent No.1 till the entire process is complete. The recommendation shall be made at a time for all vacancies together as advertised by the Tripura Public Service Commission at a time. 9. In terms of the above, this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs. A copy of this order be furnished to Mr. N. Choudhury, learned G.A. and Mr. P. Datta, learned counsel for doing the needful.