Once the competent authority/medical board issues a disabled certificate, it becomes final and cannot be subjected to re-medical examination from different Medical Boards again and again.

JUDGMENT

Dr. K. Manmadha Rao, J. - This writ petition is filed, under Article 226 of the Constitution of India, seeking the following relief:-

'.....to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing proceedings vide Rc. No. 3877/B1-B2/2020, dated 04.08.2021, wherein directed the 4th Respondent to re-examine the disabled certificate issued in favour of petitioner's son in the presence of State Medical Board and consequential proceedings vide Rc. No. 4887367/MA/2021, dated 17.9.2021 of the 4th Respondent is illegal, arbitrary, unjust and violative of Article 14 and 16 of the Constitution of India and consequently set-aside the same.'

2. Brief facts, as averred in the writ petition, are as follows:-

The petitioner was appointed as Secondary Grade Teacher on 15.08.1998. The 1st respondent issued G.O. Ms. No. 32, dated 04.06.2017 wherein certain Rules were framed for Teacher transfers. Rule 12 deals with the Preferential Categories. Rule 12(e) describes that the applicants with dependents, i.e., mother, father, children, spouse, who are mentally retorted and or undergoing treatment, shall be given preference in the seniority list irrespective of entitlement points. During general transfers of 2017, the applicant submitted his application under preferential category and got transferred to MPPS, Rayamalpuram Village, Nandyal Mandal. While so, basing on the complaint dated 20.8.2017 made by one Sri K. Satish Kumar, District President, Bahujan Teachers Federation, Kurnool District, the 3rd respondent issued show cause notice to the petitioner vide Rc. No. 3877/B1-B2/2019, dated 17.10.2020 calling for his explanation for submitting false information and claiming preferential points. On 26.8.2017, the D.E.O., Nandyal, has visited Kesava Reddy School, Balaji Complex, Nandyal, where the petitioner's son is studying and conducted detailed enquiry, and further requested the 3rd respondent to re-examine the Disabled Certificate of the petitioner's son in the presence of Doctors. Subsequently, the said K. Satish Kumar has made another complaint on 27.02.2018 against the petitioner on the same issue. Again, on 17.10.2020, the 3rd respondent addressed a letter to the Superintendent, GGH, Kurnool, with a request to re-examine the medical certificate produced by the petitioner in respect of his son and the said Superintendent conducted medical examination on 5.12.2020 and found that the petitioner's son was suffering from 'MILD MENTAL RETARDATION.' After receipt of the said medical certificate, the 3rd respondent issued proceeding dated 22.04.2021 stating that the allegations made by K. Satish Kumar are baseless and found that the petitioner has not committed any mistake in teacher transfers of 2017, as he produced the genuine medical certificate. Surprisingly, the said K. Satish Kumar made another complaint on 05.06.2021 on the same grounds. Thereafter, the 3rd respondent addressed a letter dated 04.08.2021 to the 4th respondent to re-examine the disabled certificate in the presence of State Medical Board for taking further action in the matter. Consequently, the 4th respondent issued proceedings in Rc. No. 4887363/MA/2021, dated 17.09.2021, wherein the Superintendent, Government Mental Care Hospital, Visakhapatnam, was requested to arrange for re-medical examination of the petitioner's son. Challenging these proceedings, the present writ petition is filed.

3. The District Educational Officer, Kurnool/3rd respondent herein filed counter-affidavit reiterating the facts as averred in the writ petition and further contended that the report is awaited from the Superintendent of Government Mental Care Hospital, Visakhapatnam, on the disability certificate of the petitioner's son.

4. Heard Ms. Kavitha Gottipati, learned counsel for the petitioner and the learned Government Pleader for Services-III. Perused the material papers on record.

5. The petitio