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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE A N D HON’BLE MR. JUSTICE M. SATYANARAYANA MURTHY W.P.No.8594 of 2020 (Proceedings through physical mode)
Nallamalla Nageswaraiah s/o Venkata Ramana r/o V. Papireddygari Palli, Rayachoti mandal YSR Kadapa District .. Appellant/Petitioner Versus The State of Andhra Pradesh, Rep. by its Principal Secretary –
Transport Department, Secretariat, Amaravathi, Guntur District, Andhra Pradesh and four others.
.. Respondents Counsel for the Appellant : Mr. Venkateswarlu Kolla Counsel for
1. Respondent Nos.1 to 3 - Government Pleader for Services-II
2. Respondent No.4 - Mr. N.A. Ramachandra Murthy, Standing Counsel for APPSC
3. Respondent No.5 - Mr. J. Sudheer
['VENKATESWARLU KOLLA', 'GP', 'ADDANKI RAMACHANDRA MURTHY N SC', 'J SUDHEER']
ORDER
Dt. 28.03.2022 (Per M.Satyanarayana Murthy, J)
1) Initially this writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
Recruitment Notification No 11/2018 Dt 5.12.2018 issued by R4 for Recruitment of Assistant Motor Vehicle Inspectors in Transport Department of the state and/or to declare that action of R4 in not selecting the candidature of petitioner for the post of Assistant Motor Vehicle Inspector as per the recruitment notification mentioned supra and direct respondents to select the petitioner as Assistant Motor Vehicle Inspector as per the seniority got by him in the merit list.=
2) Later, the prayer was amended by order of this Court in I.A.No.2 of
2021 dated 22.10.2021 by substituting the following (lines):
3) During pendency of the writ petition, the petitioner also impleaded Respondent No.5/Pagidadla Srinivasa Reddy as party Respondent No.5 to the writ petition, as per order in I.A.No.1 of 2021 dated 01.07.2021, since he is an affected party having selected and appointed as AMVI, in case the relief is granted.
4) The brief facts of the case are that, the petitioner is a Post Graduate in Mechanical Engineering from I.I.T Bombay belonging to Backward Class Community, Yadava by caste. In response to the General Recruitment Notification No.11/2018 dated 05.12.2018 (hereinafter referred as >Notification?) issued by Andhra Pradesh Public Service Commission (APPSC) for recruitment of 6 backlog and 17 fresh posts of Assistant Motor Vehicle Inspectors (AMVIs), the petitioner applied for the same. The above said posts are Zonal Posts. The State of Andhra Pradesh is divided into four Zones and the petitioner is permanent resident of YSR Kadapa District, which falls under Zone-IV. The petitioner competed for one post of general category local candidates of Zone-IV, as there is no post reserved for BC-D category. Further, as there is one post each in Zones II to IV for general category non-locals, the petitioner competed for those four posts out of the total notified posts. The petitioner appeared for the examination held on 17.04.2019 and as per the results declared by A.P.P.S.C, the petitioner secured 194.26 marks out of 300 and stood in the second position in the total merit list for the entire state. Subsequently, certificate verification was done and the petitioner was asked to attend to medical test in K.G.H Visakhapatnam. Accordingly, the petitioner appeared for medical test and A.P.P.S.C declared results, selecting 21 candidates. To the shock and surprise, the name of the petitioner was not found among the selected candidates. Upon verification, the petitioner came to know that he was declared medically unfit on the ground that the petitioner had >flat foot to the right leg?.
5) The petitioner contends that, the Recruitment Notification is based on G.O.Ms.No.147 (HR.I.Plg.Policy) Department dated 06.08.2016 and Andhra Pradesh Transport Subordinate Service Rules (for short >the Rules?) issued in G.O.Ms.No.529 Transport, Roads and Buildings (Ports) Department dated 04.06.1999 and by then the persons with Disabilities (Equal Opportunity) Protection of Rights and Full Participation Act, 1995 was in force governing the right of physically disabled persons.
6) It is co
