THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

ORDER:

This Writ Petition is filed being aggrieved by the action of the

1^st respondent in appointing the 5^th respondent as MPHA(F) in the backlog vacancy meant for Person With Disability on regular basis vide impugned Proceedings No.B/158/2016.

2. Heard learned counsel for petitioner and learned Government Pleader for Services-II for respondent Nos.1 to 4.

Perused the record.

3. The facts of the case are that the petitioner belongs to the Scheduled Caste (SC) category and also qualifies under the Orthopedically Handicapped (OH) category. According to her educational records, she is a local candidate of Nalgonda District, and now comes under Suryapet District, as she completed her studies in the Thunga Thurty Mandal of Nalgonda District. Furthermore, after completing her intermediate education, the petitioner underwent an 18-month MPHW (F) training course at the Joint Director Training Centre in Hyderabad, making her eligible for the MPHA (F) position in accordance with the statutory rules.

4. The respondents has issued a Notification No.1/2016, dated 21.03.2017 for various posts and notified only one post of MPHA[F] for the panel year 2016-2017 for Orthopedically Handicapped (OH) Women category in Nalgonda District. The petitioner has submitted an application for the said post under OH Women category on 04.04.2017. Thereafter, a provisional merit list was prepared wherein the petitioner's name was placed among the rejected candidates list and placed at Sl.No.11 stating that the petitioner is a non-local candidate of Nalgonda District and a local candidate of new District of Suryapet. The petitioner secured total marks 54.66 in the selection process but rejected.

5. Aggrieved by the above provisional merit list, the petitioner submitted representations, dated 28.08.2017 and 04.12.2017 to the respondents to consider her case as per erstwhile Nalgonda District but till now no action was taken. Therefore, the petitioner filed a W.P.No.43685 of 2017 before this Court and granted interim order on 21.12.2017 with a direction to the respondents herein to consider the petitioner's case as local candidate of erstwhile Nalgonda District. Following the interim orders, dated 21.12.2017, the respondents prepared a revised merit list and placed the unofficial respondent Y.Prameela name at Sl.No.1 with 72.191 marks and the petitioner name was placed at Sl.No.4 with

54.666 marks. Later issued a speaking orders vide impugned Proc.No.158/A/SRD/ 2018, dated nil-03-2019 stating that the petitioner was not selected as she was secured 4th place in the merit list, despite treating her as a local candidate in erstwhile Nalgonda District and consequentially appointed the 5^th respondent as MPHA (F) under OH Women category vide proc.No.B/158/2016, by the 2^nd respondent and was posted at Gollapalli Sub-Centre, Kottamgur PHC, Nalgonda District and now she is discharging duties on regular basis.

6. The petitioner's primary grievance is that when the respondents issued Notification No.1/2016, dated 21.03.2017, for the post of MPHA (F) to fill up backlog vacancies reserved for disabled persons for the panel year 2016-2017, they also issued certain guidelines on 23.03.2017, specifying the qualifications required. According to the notification and guidelines under Table- B, Class 4, the required qualifications for the MPHA(F) post are Completion of Intermediate examination and MPHA(F) 18 months training course. However, in the provisional merit list, dated 18.11.2017, the 5^th respondent was placed at Sl.No.1. She had completed a one-year Intermediate Vocational Training Course but did not fulfil the requirement of the 18-month MPHA (F) training course. Despite the merit list explicitly stating that the 18-month training course is required, the respondents considered the 5^th unofficial respondent's case and issued an appointment based on the Intermediate Vocational Course in MPHW. Furthermore, the respondents have not clearly d