JUDGMENT:

(Per the Hon’ble Sri Justice Abhinand Kumar Shavili)

Aggrieved by the order, dated 22.04.2024, passed in W.P.No.2393 of 2024 by a learned Single Judge of this Court, the present Writ Appeal is filed.

2. Heard Sri P. S. Rajasekhar, learned Standing Counsel appearing for the appellant and Sri Surendra Desai, learned counsel appearing for respondent No.1.

3. Learned Standing Counsel for the appellant had contended that respondent No.1 has responded to a notification No.53/2017 for the post of Secondary Grade Teacher and he was claiming that he is a person with disability of 60% and a member belonging to the S.T. category. Learned Standing Counsel had further contended that respondent No.1 has participated in the selection process and was provisionally selected to the post of Secondary Grade Teacher under Physically Handicapped quota. The case of respondent No.1 was referred to Osmania General Hospital for verification as to whether respondent No.1 is a member belonging to Physically Handicapped quota. The Osmania General Hospital has constituted a Medical Board which opined that respondent No.1 was not suffering from any disability and it is a case of malingering. Consequently, the case of respondent No.1 was not considered for appointment to the post of Secondary Grade Teacher and all the posts under Physically Handicapped quota were filled up by the appellant.

4. Aggrieved by the action of the appellant in not selecting respondent No.1 as a Secondary Grade Teacher, he has approached this Court by filing W.P.No.2393 of 2020 and the learned Single Judge was pleased to allow the Writ Petition vide order, dated 22.04.2024 and directed the appellant to refer the case of respondent No.1 to Nizam Institute of Medical Sciences (NIMS), Hyderabad for fresh medical examination and has directed that if it is found that respondent No.1 is suffering from physical disability, then the appellant shall consider for appointing him as Secondary Grade Teacher by creating a super numerary post.

5. Learned Standing Counsel for the appellant had further contended that the learned Single Judge had directed respondent No.1 to appear in the Court and made him to walk and after noticing him walking with a limp, came to a conclusion that he is suffering from physical disability and directed the appellant to refer the case of respondent No.1 to NIMS, without appreciating any of the contentions raised by the appellant.

6. Learned Standing Counsel for the appellant had further contended that since all the posts of Secondary Grade Teacher notified in the notification were filled up, the question of creating super numerary post would not arise. The appellant is a Service Commission which is a recruiting agency and it only recruits the candidates and cannot create the posts. The creation of a post is not within the domain of Service Commission. It is for the State to create the post or not to create the post. The learned Single Judge was not justified in directing the Service Commission to consider the case of respondent No.1 for appointment as Secondary Grade Teacher by creating a super numerary post. Therefore, appropriate orders be passed in the Writ Appeal by setting aside the order, dated 22.04.2024 passed by the learned Single Judge in W.P.No.2393 of 2020 and allow the Writ Appeal.

7. On the other hand, learned counsel for the respondent No.1 had contended that the Government of Andhra Pradesh issued a disability certificate in favour of respondent No.1 on 11.07.2011, in accordance with G.O.Ms.No.31, dated 01.02.2009. A perusal of the disability certificate issued by the competent authority discloses that respondent No.1 is suffering from 60% disability. When the Government of Andhra Pradesh has issued a disability certificate, the question of referring the case of respondent No.1 to Osmania General Hospital by the appellant would not arise. However, one Medical Board has certified that respondent No.1 is a physically handicapped person suffering fr