IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.24612 of 2010 Date: 26.10.2010 Between: The State of A.P., rep. By its Principal Secretary, Home Dept., Secretariat, Hyderabad and 3 others. .....Petitioners AND P. Veera Raghuvulu and another ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.24612 of 2010 ORDER:(per Honourable Sri Justice B. Prakash Rao) This writ petition is filed seeking Writ of Certiorari calling for the records relating to the orders of the A.P. Administrative Tribunal passed in O.A.No.11780 of 2009 dated 15.02.2010 and quash the same as being perverse, in excess of jurisdiction and contrary to law. Heard both sides. On request of both the parties, the writ petition is taken for disposal. The brief facts of the case is that the 1st respondent who is un- employee of Guntur who was provisionally selected for the post of SCT SI (Civil) (Men) in Zone-VI with H.T.No.812726 in the year 2006 recruitment and he was sent to Government Hospital, Guntur for medical examination by the Inspector General of Police, Guntur Range, Guntur vide letter R.C.No.3596/Genl.1-Rect/S10/2006 dated 29.07.2009 and the Superintendent, Govt. Hospital, Guntur has certified that the candidate Sri P. Veera Raghavulu is not able to identify ischarata chart and advised to refer him to Sarojini Devi Eye Hospital, Hyderabad. Accordingly the IGP, Guntur Range has sent the applicant for medical examination to Sarojini Devi Eye Hospital, Hyderabad and the Medical Superintendent S.E. Eye Hospital, Hyderabad has opined that the applicant was found medically unfit due to colour vision deficiency in both eyes and subsequent the 2nd respondent herein requested to conduct re-medical examination in Govt. Hospital, Guntur and stated that it was not possible to refer to lower hospital i.e., Guntur Govt. Hospital and the request of the applicant for re-medical examination in Guntur Govt. Hospital was rejected. Questioning the same, the 2nd respondent herein filed O.A.No.12011 of 2009. After considering the entire material available on record and having heard both the counsel, the Tribunal allowed the O.A directing the respondents to send the applicant for re-medical examination to the Medical Board of either Gandhi Medical Hospital or Osmania Medical Hospital within a period of ten days from the date of receipt of the copy of the order. Hence the writ petition. The main ground urged on behalf of the learned counsel for the petitioners is to the effect that referring the applicant for re-medical examination to the Medical Board of either Gandhi Medical Hospital or Osmania Medical Hospital are only one amongst so many super specialty hospitals and it is always better to have a test done to the applicant in an exclusive super specialty hospital. In view of the same, the leaned counsel appearing for the respondent No.1 has no objection for conducting the test in any super specialty hospital. Accordingly, the writ petition is allowed and the orders of the A.P. Administrative Tribunal, Hyderabad in O.A.No.11780 of 2009 referring the applicant for re-medical examination to the Medical Board of either Gandhi Medical Hospital or Osmania Medial Hospital is set aside and the 2nd respondent/applicant herein to submit his application for re- medical examination in the L.V. Prasad Eye Hospital, Jubilee Hills, Hyderabad. However, it is made clear that the petitioner shall bear the expenses for such exercise. This exercise shall be completed within 10 days from the date of receipt of copy of this order. The Registry is directed to communicate the copy of the order to the L.V. Prasad Eye Hospital, Jubilee Hills, Hyderabad. Accordingly the writ petition is disposed of. There shall be no order as to costs. _____________________ B. PRAKASH RAO,J ___________________ B.N.RAO NALLA,J October 26th , 2010 GK THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HONOURABLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION No.24612 of 2010 October 26th, 2010