Where multiple conflicting disability assessments are issued by district-level boards, a re-assessment by the State's Apex Medical Board is the appropriate remedy to establish a conclusive disability percentage for recruitment and benefit purposes.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring impugned certificate for person with disability dt.01-03-2025 issued by the 3rd Respondents in reducing the petitioner's disability from 89percent to 49percent without conducting any proper medical reassessment as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Rights of Persons with Disabilities Act, 2016 and Consequently, set aside the impugned certificate dt.01-03-2025 and further direct the respondents to treat the certificate issued by the Medical Board, Government Hospital, Chittoor dt.30-7-2010 declaring the percentage of disability is 89percent and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2nd respondent to reserve one post pursuant to the Special Recruitment notification vide Collector's Ref.Rc.No.A/SRD/CTR/2026 dt:31-3-2026, pending disposal of the Writ Petition in the interest of justice.

IA NO: 2 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to permit the petitioner to implead The District Medical and Health Officer, Chittoor Dist. at Chittoor, and the District Medical and Health Officer, Tirupathi Dist at Tirupathi as Respondent NO.5 and 6 in W.P.12448/2026 and pass

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.12488 OF 2026

ORDER:-

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“ to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring impugned certificate for person with disability dt.01.03.2025 issued by the 3rd Respondents in reducing the petitioner’s disability from 89 % to 49% without conducting any proper medical reassessment as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Rights of Persons with Disabilities Act, 2016 and Consequently set aside the impugned certificate dt.01.03.2025 and further direct the respondents to treat the certificate issued by the Medical Board Government Hospital Chittoor, dt.30.07.2010 declaring the percentage of disability is 89% and pass such other order or orders….”

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

Learned counsel for the petitioner submits that the petitioner herein is a benchmark disabled person, who was assessed by a competent District Medical Board, Chittoor in the year 2001 and was issued a permanent disability certificate confirming at the rate of 75% disability (Cerebral Palsy- Spastic Type). He further submits that in the year 2010 i.e., on 30.07.2010 the petitioner again underwent scrutiny and he was issued another certificate by the District Medical Board at Government Hospital, Chittoor indicating that the permanent disability is at the rate of 89%. For which, the Government of India issued unique disability card with life time validity indicating percentage of disability (locomotor disability) as 89%. Later the petitioner herein submitted a representation seeking for monetary benefits under a scheme specifically formulated by the State Government in the year 2024 for the physically challenged persons and enhanced pension for the persons who were issued permanent disability certificate. Pursuant to which, the petitioner again underwent for assessment by the competent authority i.e., District Medical Board at Guntur Government Hospital and a fresh permane