Andhra Pradesh High Court - Amravati
S.Arokia Selva Rani, vs The Govt. Of Andhra Pradesh, on 3 January, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
1
KVL, J
WP No.21251 of 2019
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.21251 of 2019
ORDER:
This writ petition is filed "to declare the action of the respondents in not considering the case of the petitioner for the post of Post Graduate Teacher (language) English at Roaster Point No.31 under the General Category and in Special Category (HH) solely basing on the Certificate alleged to have been issued by the 4th respondent, as illegal and arbitrary."
Case of the petitioner is that, she studied B.A. from Sri Venkateswara University, Tirupati in the year 1999, B.Ed., in English from Acharya Nagarjuna University and M.A. (English) from Dr.Ambedkar Open University; petitioner developed complications in her ears and underwent MRM Surgery to both ears and suffered hearing impairment; the District Medical Board, Kadapa issued disability certificate certifying that she has hearing impairment and there is loss of 53% decibels due to disease and infection and further certified that the percentage of disability at 43%; pursuant to the notification dated 26.10.2018 issued by the 2nd respondent for teacher recruitment test for the post of Principals, PG Teachers, Trained Graduate Teachers, Physical Education Teachers etc., petitioner applied for the post of PG Teacher; she qualified in the written examination conducted on 28.12.2018 and was informed to upload the certificates for the post of PG Teacher on 20.09.2019; accordingly, she uploaded all the certificates; she received call letter for confirmation of data submitted online and was requested to produce all the original certificates at Mandal Resource Centre, Kadapa on 23.09.2019 for verification; accordingly, she produced all original certificates; the 3rd respondent verified all her original 2 KVL, J WP No.21251 of 2019 certificates and informed that she has to undergo medical examination at Government ENT Hospital, Visakhapatnam to confirm the genuineness of the disability certificate and addressed a letter to the 4th respondent on the same day to issue latest disability certificate after conducting the test; respondents uploaded provisional selection list on 20.09.2019, wherein the name of the petitioner was shown at Sl.No.2 for the post of PG Teacher (Language) English, Model Schools, APMS-Zone-IV at Roaster Cycle No.31 and Roaster Point PHC-G-HI in open category; as per the request of the 3rd respondent, the 4th respondent intimated to the petitioner that she has to undergo test on 18.11.2019; petitioner attended Government ENT Hospital, Visakhapatnam and tests were conducted; when petitioner visited the office of the 3rd respondent on 13.12.2019, she was informed that the 4th respondent issued latest P.H. Certificate stating that the disability is 0%; as there is variation, petitioner submitted a representation to the 5th respondent on 16.12.2019 requesting to order for re-examination of medical test; though the 3rd respondent informed the petitioner that the 4th respondent issued certificate showing that there is 0% disability, he has not furnished copy of the same; as there is variation in the percentage of disability, she requested respondents 3 and 5 to direct for re- examination of disability and as no action has been taken by the respondents, present writ petition is filed.
Learned Government Pleader passed on the written instructions dated 14.06.2019 of the 2nd respondent stating that as per G.O.Ms.No.54 dated 10.11.2016, hearing impairment will be assessed only by the Government ENT Hospital, Visakhapatnam.
According to the certificate issued by the District Medical Board, Kadapa, the permanent disability of the petitioner was assessed at 43% 3 KVL, J WP No.21251 of 2019 and as per the certificate issued by the Government ENT Hospital, Visakhapatnam, the permanent disability was assessed at 0%. As there is a variation with regard to the said disability, the respondents are directed to send the petitioner for re-examination within one week to any other Government ENT Hospital, within the State and after receipt of the medical certificate from the concerned, take appropriate action in accordance with law. If the roster Point No.31 under the General Category and Roster Point PHC-G-HI in open category, is vacant as on today, the respondents are directed not to fill up the said post, till the medical examination report of the petitioner is received.
The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.
__________________________ KONGARA VIJAYA LAKSHMI, J Date: 03.01.2020 Note: Furnish CC in three days (BO) BSS 4 KVL, J WP No.21251 of 2019 HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.21251 of 2019 70 Date: 03.01.2020 BSS