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2024 Supreme(Online)(AP) 4309

APHC010384732020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

MONDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25687/2020 Between:

ThamminainaSreeramaPatro, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. BALAJI MEDAMALLI Counsel for the Respondent(S):

1. GP FOR SERVICES III The Court made the following:

ORDER:-

1. This writ petition is filed claiming the following relief: “…to issue Writ of Mandamus declaring the action of the Respondent authorities in not considering the case of the petitioner for reverification of his hearing impairment with any medical board / E.N.T. Hospital for the purpose of deciding his hearing impairment for considering his candidature to the post of Post Graduate Training (PGT) and Trained Graduate Teacher (TGT) in Economics in the selection in Zone-I pursuant to the notification No.768/TRC-/2018-19, dated 26.10.2018 as highly arbitrary, illegal, null and void and against the principles of natural justice and violative of fundamental rights and consequently to direct the Respondent authorities to conduct reverification of physical impairment by any assessing hearing impairment and consequently to consider the candidature of the petitioner for the above said posts…”

2. The case of the petitioner is as follows:

3. The petitioner herein completed his Post Graduation in the year 1994 from Andhra University in the Rural Development with Economics as one of the electives and Bachelor of Education (B.Ed.) from Andhra University in the year 1997. The petitioner is a physically challenged person having hearing impairment at the rate of 49% which was assessed by the Rajiv Gandhi Institute of Medical Sciences (RIMS), Srikakulam. The said test was conducted twice in the year 2014 and 2018.

4. Whereas a recruitment notification issued by the Government of Andhra Pradesh vide Notification No.768/TRC-/2018-19, dated 26.10.2018, notifying the various Trained Graduate Teacher (TGT) and Post Graduate Teacher (PGT) for 909 posts throughout the state in respect of A.P.Model Schools are concerned. In the said notification, one post each in Zone-1 under the category of PGT and TGT is for hearing impaired general candidates (H1- GEN) was notified. Pursuant to which, the petitioner appeared for the selection process and secured 9th Rank under the PHC category in Zone-l and with a state vide rank of 22 in the said category. It is further stated that there is one post in Economic subject under general category in respect of hearing impaired candidates for PGT and also one post in TGT( Social Studies) in Zone-1. Among the eligible candidates under physically Handicapped category, petitioner is the only candidate under “hearing impaired” category available in the selection for both the posts of PGT & TGT. Accordingly, Respondent No.3 herein issued the check list for appointment after verifying all the requirements as mentioned in the check list for DSC -2018.

5. Learned counsel for the petitioner submits that the petitioner was issued hearing impairment certificates issued by RIMS, Srikakulam holding that the petitioner suffering with impairment at the rate of 49% and 43% on 04.06.2019 and 14.06.2014 respectively. As such, the petitioner is entitled for reservation against the PH category. Accordingly, the petitioner is the only candidate went for selection under hearing impairment category.

6. Learned counsel for the petitioner further submits that after selecting the candidature of the petitioner, the petitioner was sent to the referral hospital i.e. E.N.T. Hospital, Vishakhapatnam for eligibility test under PH category. Then, in view of the report submitted by the referral hospital, the candidature of the petitioner was neither considered nor informed about the said report and no orders were issued so far in favour of the petitioner. Hence the writ petition.

7. On the other hand, learned Government Pleader for Services-III filed counter affidavit on behalf of the Respondents wherein it is stated that while filling up the Proforma, the petitioner has stated that he is having disability at the rate of 43% of hearing disability. Accordingly, believing the certificate issued to him, provisionally, the petitioner was selected, subject to verification of the records and correctness of the certificates. Believing his certificates, the p

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