Andhra Pradesh High Court - Amravati
Badapu Muralikrishna vs The State Of Ap on 10 September, 2025
[3460 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE TENTH DAY OF SEPTEMBER ■m? •V
TWO THOUSAND AND TWENTY FIVE O'-J, li
:PRESENT:
THE HONOURABLE SRI JUSTICE NYAPATHY vii
WRIT PETITION NO: 23635 OF 2025
Between:
Badapu Muralikrishna, S/o Badapu Demudu . Aged about 28 years, R/o
D.No.6-31, Atchiyyapeta, Anakapalli Mandal,Anakapalli District.
Petitioner
AND
1. The State of Andhra Pradesh, Represented by[ its Principal Secretary
Department of School Education, Secretariat of A.P., Velagapudi,
Amaravathi, Guntur District.
2. The Director of School Education, Andhra Pradesh, Ibrahimpatnam
NTR District.
3. The Commissioner of School Education, Andhra Pradesh, Office at
Vidya Bhavan, Venkatadri Towers, Atmakur Village, Mangalagiri
Mandal, Guntur District.
4. The District Collector, Visakhapatnam District, Visakhapatnam.
5. Regional Joint Director of School Education, Zone-1, OppositeZPH
School, Srinivasa Nagar, Madhurawada Visakhapatnam-530048
6. District Educational Officer,
Visakhapatnam, Visakhapatnam District.
7. Assistant Director / District Manager . A.P., Differently Abled & Senior
Citizens- Assistance Corporation Andhra Pradesh,' Sector -III, MVP
olony, Opp R.C.D. Hospital, Visakhapatnam-530017.
8. The Regional Eye Hospital, Represented by Superintendent, Near
Rama Talkies, Visakhapatnam.
Respondents
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 to issue a writ, order or direction more particularly one in the nature of
Mandamus declaring the action of the respondents 2 to 6 in contemplating to
finalize the selection of SGT posts under PWD quota (Visually Handicapped)
without considering the petitioners permanent disability certificate dt
21.03..2024 issued by Medical Board constituted under G.O.Ms.No. 35
Health, Medical and Family Welfare (A) Department dt 10.04.2018 and without
referring the petitioner to District Medical Board or any other Board constituted
with the Doctors in Opthomology for assessing permanent disability is illegal,
arbitrary and violative of Article 14, 16 and 21 of Constitution of India and
consequently direct the respondents 2 to 6 to select the petitioner for the post
of SGT in Tribal Welfare Ashram Schools under Physically disability quota.
lA NO: 1 OF 207R
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the grounds filed in support of the petition, the
High Court may be pleased to grant interim orders directing the respondents
2 to 6 to keep aside one post under SGT Tribal Welfare Ashram Schools
under disability quota. Pending disposal of WP 23635 of 2025, on the file of
the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of M/s. T V
SRI DEVI, Advocate for the Petitioner, GP FOR SCHOOL EDUCATION for
the Respondent Nos.1 to 3, 5&6, learned GP FOR REVENUE for the
Respondent Nos.4&7, the Court made the following
ORDER:
In the present Writ Petition, the Petitioner is questioning non consideration of his case for promotion to the SGT post under PWD quota (Visually Handicapped) without considering the Petitioner's Permanent Disability Certificate, dated 21.03.2024 issued by Medical Board constituted under G.O.Ms.No.35, Health, Medical and Family Welfare (A) Department, dated 10.04.2018 and without referring the Petitioner to District Medical Board.
The learned Government Pleader on instructions submits that the Petitioner was referred to Government Regional Eye Hospital, Visakhpatnam and as per the report furnished vide Letter in Rc.No.SPL/G2/GREHA/sp., dated 10.09.2025, the percentage of disability of the Petitioner was assessed at 20%. In view of the same. Petitioner is not having benchmark disability of 40% and is not eligible for the post under PWD quota (Visually Handicapped).
Learned counsel for the Petitioner disputes the correctness of the medical opinion given in the letter dated 10.09.2025 and seeks for reference of the Petitioner to the Appellate Medical Authority as provided under G.O.Ms.No.36, Dept., for Women, Children, Differently Abled & Senior Citizens (Prog.ll), dated 23.08.2023.
In that view, the Petitioner is permitted to approach the Appellate Medical Authority forthwith and on such approach, the Appellate Medical Authority shall examine the Petitioner within a period of one (1) week and sent a report to the Respondent authorities. The short time line is given to the Appellate Medical Authority considering the fact that the selection of candidates is at the fag end.
Post this case on 22.09.2025.
SD/- WI.SRINIVAS
REGISTRAR
//TRUE COPY// SlOTIO OFFICER
For/
To,
1. The Principal Secretary, Department of School Education, Secretariat of A.P., Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh (BY SPECIAL MESSENGER)
2. The Director of School Education, Andhra Pradesh, Ibrahimpatnam, NTR District.
3. The Commissioner of School Education, Andhra Pradesh, Office at Vidya Bhavan, Venkatadri Towers, Atmakur Village, Mangalagiri Mandal, Guntur District.
4. The District Collector, Visakhapatnam District, Visakhapatnam.
5. Regional Joint Director of School Education, Zone -1, Opposite ZPH School, Srinivasa Nagar, Madhurawada, Visakhapatnam-530048
6. District Educational Officer, Visakhapatnam, Visakhapatnam District.
7. Assistant Director / District Manager, A.P., Differently Abled & Senior Citizens- Assistance Corporation, Andhra Pradesh,' Sector -III, MVP Colony, Opp R.C.D. Hospital, Visakhapatnam-530017.
8. The Regional Eye Hospital, Represented by Superintendent, Near Rama Talkies, Visakhapatnam. (Addressee Nos.2 to 8 by SPEED POST)
9. One CC to M/s. T V SRI DEVI Advocate [OPUC]
10. Two CCs to GP FOR SCHOOL EDUCATION, High Court Of Andhra Pradesh. [OUT]
11. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
12. One spare copy Kj HIGH COURT VN,J DATED:10/09/2025 \ POST THIS CASE ON 22.09.2025 ORDER WP.No.23635 of 2025 DIRECTION