The exemption from the statutory rule of reservation for persons with disabilities could not have been issued in the manner as provided under Rule 5(a) of the A.P. Transport Subordinate Service Rules.

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 Tribunal’) in O.A. No.1480 of 2012, assailing the aforesaid Rule exempting reservation, praying for a direction upon the respondents to provide reservation to persons with disabilities under the Physically Handicapped especially Orthopedically handicapped persons to the post of AMVI, permit him to participate in the selection process, and appoint him to the said post with all consequential benefits. The matter was contested on behalf of the respondents, who contended before the Tribunal that the petitioner having participated in the selection process was estopped from challenging the process itself. It was further pleaded that in view of the very nature of duties of the AMVI, the post was exempted from the reserved categories under the Act of 1995. The Tribunal, having accepted the contentions of the respondents, dismissed the said Application. Hence, the petitioner is presently before this Court.

2. Sri J.Sudheer, learned senior counsel, appearing on behalf of the petitioner, submits that the reservations under the Act of 1995 were promulgated to give effect to international commitments and in furtherance of the constitutional mandate of extending the doctrine of equality and fraternity amongst all persons including persons with disabilities. It is further submitted no notification was issued by the appropriate Government exempting the nature of work i.e., the post of AMVI from the reservation under the proviso to Section 33 of the Act of 1995. Hence, the Tribunal erred in law in not setting-aside Rule 5(a) of the Rules, which is ultra vires to the Act of 2016 and in not directing the petitioner to be considered for appointment to the post of AMVI by applying the reservation as envisaged under the Act of 1995.

3. In view of the submissions made on behalf of the petitioner, we called upon the State to clarify whether the impugned notification was issued in terms of the proviso to Section 33 of the Act of 1995. Additional documents have been filed before us wherefrom it appears that on 22.03.2021 a notification bearing G.O.Ms.No.4, purportedly new Act i.e., Act of 2016 was issued, which reads as follows:

“In exercise of the powers conferred under section 34 of Rights of Persons with Disabilities Act, 2016 (Central Act No.49 of 2016), the Governor of Andhra Pradesh hereby order that partial exemption on 6th, 56th and 86th roster points for the posts of Regional Transport Officer (by Direct Recruitment and Promotion) and Deputy Transport Commissioner (by Promotion) and convert the posts for Deaf and Hard of hearing and to give full exemption from implementation of Rule of Reservation for Persons with Disabilities in the posts of Motor Vehicle Inspector (by Promotion),

Assistant Motor Vehicle Inspector (by Direct Recruitment and Promotion), Transport Head Con