JUDGMENT

(Per Hon’ble Sri Justice Joymalya Bagchi)

1. The petitioner, who is an orthopedically challenged person, being partially affected with polio had overcome his adversities and sought appointment to the post of Assistant Motor Vehicle Inspector (for short, ‘AMVI’) in A.P. Transport Subordinate Service, pursuant to the Notification No.45/2008, dated 30.12.2008, issued by the Andhra Pradesh Public Service Commission (APPSC). Petitioner was qualified in all respects for the said post and, in fact, also possessed a driving license issued by the competent authority. However, as the respondents had exempted rule of reservation under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, ‘the Act of 1995’) with regard to the said post, the petitioner was not given a call letter. In fact, Rule 5(a) of the A.P. Transport Subordinate Service Rules (for short, ‘the Rules’), prescribed no appointment shall be made for the post of AMVI in direct recruitment for Physically Handicapped Persons. Under such circumstances, petitioner approached the Andhra Pradesh Administrative Tribunal at Hyderabad (for short, ‘the Tr