COMMON ORDER:

These Writ Petitions are being disposed of by way of this common and consolidated order since the issue raised in these writ petitions is one and the same.

2. For the sake convenience and ready reference, the facts in Writ Petition No.5239 of 2020 are discussed hereunder.

3. In Writ Petition No.5239 of 2020, the petitioner is seeking a writ of mandamus declaring the action of the respondents in publishing revised detailed PHC vacancies, after interchangeability for the post of Secondary Grade Teacher in School Education Department in Telugu Medium pursuant to the recruitment Notification No.53/2017, dated 21.10.2017 issued by the 1st respondent on 22.11.2019 and in publishing the provisional selection list by interchanging the unfilled backlog PH vacancies on 25.02.2020 as contrary to the procedure prescribed in G.O.Ms.No.23 Women, Children, Disabled and Senior Citizens Department, dated 26.05.2011 and G.O.Ms.No.99 General Administration Department, dated 26.05.2011 and G.O.Ms.No.99 General administration Department, dated 04.03.2013 and as illegal, arbitrary and unjust and consequently to set aside the same by directing the 1st respondent to revise the vacancy position as per G.O.Ms.No.23 and G.O.Ms.No.99 and select and appoint the petitioner as per his merit and eligibility to the post of Secondary Grade Teacher in pursuant to the notification No.53/2017, dated

21.10.2017 and to pass such other order or orders.

4. Brief facts leading to filing of the present Writ Petition are that the petitioner claims to be possessing the necessary qualifications for the post of Secondary Grade Teacher and also belong to Orthopaedically Handicapped category. It is submitted that the 1st respondent has issued a Notification No.53/2017, dated 21.10.2017 notifying total 5415 vacancies for the post of Secondary Grade Teachers in 4th respondent Department. It is submitted that the District is the unit to appoint for the posts of Secondary Grade Teachers and in response to the said notification, the petitioner has applied and appeared for the examination on 25.02.2018 as a local candidate of erstwhile Adilabad District.

5. It is submitted that as per the merit of the petitioner in the written examination, the respondents have called the petitioner for medical examination for the disabled candidates and the petitioner attended the same on 18.09.2018. It is submitted that in DSC 2012, some of the vacancies for visually handicapped and hearing impaired, were not filled up due to non-availability of the candidates and the same were carried forwarded to DSC, 2017. It is submitted that some of the candidates, who are similarly placed as the petitioner, approached this Court and filed W.P.No.5017 of 2018 and batch to follow the rules for interchangeability of physically handicapped vacancies. This Court, initially, had granted interim stay of selections and thereafter modified the order on 27.09.2018, directing the 1st respondent to make selection to vacancies earmarked to persons with disability by applying Section 34(2) of the Persons with Disabilities Act, 2016 (for short, ‘the Act, 2016), to the extent of vacancies which were carried over from DSC, 2012. The TSPSC was directed to first examine whether candidates belonging to visually handicapped and hearing impaired are available against the vacancies notified to be filled up by them and the vacancies which were carried over from DSC, 2012 and if no qualified candidates are available for the said categories, the said vacancies were directed to be filled up by Orthopaedically Handicapped candidates subject to their eligibility and suitability.

6. It is submitted that in view of the above orders of the Court, the respondents prepared provisional selection list of only Secondary Grade Teacher (Telugu Medium) physically handicapped quota and the same was published. Thereafter, a revised detailed physically handicapped vacancies after applying the rule of interchangeability was published on 13.