IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 18988 of 2008 Between: P.Ravindra Kumar S/o Krishna Murthy H.No.87-1208 Opp Bharatmatha Temple Revenue Colony Nandyal Road Kurnool District ..... PETITIONER AND 1 The State of Andhra Pradesh Rep.by Secretary Women Development Child Welfare and Labour(MH.DESK) Department,Secretariat Hyderabad- 500022 2 The District Collector Kurnool District Kurnool 3 The Assistant Director Physically Handicapped Welfare Department,Kurnool District Kurnool .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to call for the records relating to releating to the order dt 21-6-2007 passed in O.A No.8193 of 2003 by the A.P Administrative Tribunal in upholding rejecting order passed by the 2nd respondent vide proceedings No.A/76/1994 dt 26-04-2003 again as conﬁrmed in proceedings No.A/76/1994 dt 12-09-2003 in rejecting the claim of the petitioner for applointment as Junior Assistant under deaf quota and set the same by declaring the order dt 21-06-2007 passed in O.A No.8193 of 2003 of the A.P Administrative Tribunal is contrary to law material on record and in consequently thereof to direct the respondents to consider and appoint the petitioner as Junior in the existing vacancies by issuing a Writ or order or direction more particularly in the nature of Writ of Mandamus and to pass Counsel for the Petitioner:MR.V.V.NARASIMHA RAO Counsel for the Respondent No.: GP FOR WOMEN DEV. & CHILD WELFARE The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.18988 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled challenging the order dated 21-06-2007 passed in O.A.No.8193 of 2003 on the ﬁle of Andhra Pradesh Administrative Tribunal, Hyderabad, upholding the rejection of the claim of the petitioner for appointment as Junior Assistant under ‘deaf and dumb’ category by the second respondent vide order dated 26-04- 2003. 2. The brief facts of the case are that the petitioner has deafness and he had been sponsored by the Employment Exchange along with others for appointment as Junior Assistant in deaf and dumb category. When he was not considered for appointment, he ﬁled O.A.No.1947 of 1996, which was disposed of 30-1-2003 with the observation that the case of the petitioner has to be considered as per the Certiﬁcates produced by him and the guidelines issued under G.O.Ms.No.3, Social Welfare (H-1), dated 16-01-1996 and necessary orders for appointing him be passed, if necessary by creating a supernumerary post. Thereafter, the Memo dated 26-04-2003 followed by proceedings 12-09-2003 issued by second respondent, have been passed rejecting the case of the petitioner on the ground that he will not come under the zone of consideration under ‘deaf’ category. Hence, the petitioner preferred the present O.A.No.8193 of 2003 and the Tribunal after considering the rival contentions and relying upon the certiﬁcate issued by the District Medical Board, Kurnool, in the year 1995, dismissed the O.A. thereby upholding the rejection order. 3. Heard learned counsel for the petitioner and learned Government Pleader appearing for respondents and perused the record. 4. In the instant case, the petitioner claims that he is deaf and he is entitled to be appointed as Junior Assistant in the ‘deaf’ category. In support of his claim, he had submitted a representation dated 28-02-2003, along with a Certiﬁcate dated 25-01-2000 issued by the District Medical Board, Kurnool, wherein it is stated that the petitioner is suﬀering from severe degree of sensori-neural deafness leading to deaf mutism since birth and he is totally deaf. It is to be noted that the claim of the petitioner was rejected by the District Collector, Kurnool, based on the medical certiﬁcate issued in the year 1995. The petitioner made a representation along with the certiﬁcate dated 25-01-2000 issued by the District Medical Board, Kurnool, but unfortunately the rejection order does not disclose this aspect. It is always open to an aggrieved individual to make a representation bringing the true facts to the notice of the authority concerned. When the District Medical Board, Kurnool, constituted under G.O.Ms.No.109, dated 15-06-1992 had certiﬁed that the petitioner is totally deaf, which certiﬁcate was enclosed along with the representation, the same was not considered. In the circumstances, the Tribunal erred in holding that it did not give liberty vide order in O.A.No.1947 of 1996, which had attained ﬁnality. When the order in O.A.No.1947 of 1996 had become ﬁnal, it is for the authority concerned to consider the case of the petitioner in compliance with the said order. 5. Having regard to the facts and circumstances, the impugned order passed by the Tribunal and rejection order passed by the authority, are set aside and the writ petition is allowed directing the respondents to consider the case of the petitioner for appointment to the post of Junior Assistant in the category of ‘deaf’ in compliance of the order in O.A.No.1947 of 1996 dated 30-01-2003 and pass appropriate orders, within a period of two months from the date of receipt of this order. No order as to costs. ___________________________ GHULAM MOHAMMED, J. ________________________ G.BHAVANI PRASAD, J. 24-09-2008 bsc