ORDER :

M. Ganga Rao, J.

This writ petition is filed seeking to issue an appropriate writ, order or direction more particularly one in the nature of writ of Certiorari to call for the records pertaining to the common judgment in O.A.No.11784 of 2009 and O.A.No.2889 of 2010 dated 03.10.2010 passed by the Andhra Pradesh Administrative Tribunal and quash the same by declaring it as illegal, arbitrary and contrary to the judgment of the Division Bench of this Court in W.P.No.25048 of 2005 dated 04.08.2006.

2. The case of the petitioner is that she is a physically challenged person with 49% hearing impairment. Pursuant to the District Selection Committee, 2006 (DSC-2006) notification dated 29.05.2006 issued by the 2nd respondent, the petitioner applied for the posts of School Assistant and Secondary Grade Teacher and appeared for the written examination and secured 54 and 68.50 marks respectively. The grievance of the petitioner is that some of the candidates whose percentage of hearing disability is less than the petitioner were appointed basing on the orders of the Andhra Pradesh Administrative Tribunal (hereinafter called “APAT”), whereas the same benefit is not extended to the petitioner herein. The petitioner filed O.A.No.11784 of 2009 before the APAT seeking a direction to consider her case under reservation of hearing impairment. Pursuant to the interim order dated 09.11.2009 granted by the APAT, the case of the petitioner was considered and rejected vide proceedings dated 20.2.2010 on the ground that the petitioner is having below 50% of deformity of hearing impaired, which is not considerable for reservation benefit in view of Government Memo dated 3.11.2009. Challenging the same, the petitioner filed O.A.No.2898 of 2010 before the APAT questioning the Memo dated 3.11.2009 of the 1st respondent and the consequential proceedings dated 20.2.2010 of the 5th respondent and proceedings dated 30.3.2010 of the 6th respondent in rejecting her case for appointment to the post of School Assistant in DSC-2006 under physically handicapped (Hearing Impairment) category and to set aside the same as illegal, arbitrary and contrary to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act No.1 of 1996), which came into force on 1st January, 1996. The APAT clubbed both the OAs and heard the matter and passed a common order on 03.10.2010 dismissing the same, without taking into consideration the judgment of the Division Bench of this Court in W.P.No.25048 of 2005 dated 04.08.2006. The Tribunal held that the petitioner/applicant in the OAs is having 50% of their Hearing Impairment as such, not entitled for the benefit of job reservation at the most they fall under the Category-II and are entitled for hearing aid at free of cost or concessional rate and such of the candidates whose disability is severe i.e., 75% and above are alone entitled for job reservation and on that ground alone, the respondents have rejected the claim of the petitioner. Following the same, the OAs are dismissed declining to interfere with the impugned proceedings. Aggrieved by the same, the present writ petition came to be filed.

3. Sri Posani Venkateswarlu, learned Senior Counsel appearing for Sri Gangisetti Rajeswara Rao, Advocate on Record states that the based on the merit secured by the petitioner in the written examination she was called for interview and considered her case for appointment as School Assistant and found that she is not eligible for job reservation under Physically challenged (Hearing Impaired) quota as she is only having 49% Hearing Impairment as per the certificate issued by the Regional Medical Board, Tirupati, which is contrary to G.O.Ms.No.115 Women and Child Welfare dated 30.7.1991, whereby 3% of posts were reserved in respect of physically handicapped category for di