HON'BLE SRI JUSTICE GHULAM MOHAMMED AND HON'BLE SRI JUSTICE K.G. SHANKAR WRIT PETITION NO. 23722 OF 2010 Between: K. Tirupati, S/o Seshaiah aged 29 years ………….Petitioner AND State of A.P. represented by its Secretary to Government, Education Department and six others ………….Respondents ORDER: (Per Hon'ble Sri Justice Ghulam Mohammed) This Writ Petition has been filed seeking to issue an order particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the orders dated 03.09.2010 passed in O.A.No. 11784 of 2009, by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal. Brief facts of the case are that the petitioner herein is the physically handicapped candidate (Hearing Impaired) and he reacted for the notification issued by the second respondent-the Director of School Education, Government of Andhra Pradesh, Hyderabad and applied for the post of School Assistant and SGT and secured 54 marks and 68.50 marks respectively. It is stated that the Government issued G.O.Ms.No. 115 Women Development, Child Welfare & Labour Department dated 30.7.1991 providing reservation of 3% of posts in the State and Subordinate Services in favour of physically handicapped persons and the categorisation mentioned as blind, deaf and dumb and Orthopaedically handicapped and the percentage of reservation is 1% each. Therefore, the petitioner and others made a representation to the respondent authorities to consider their cases as per G.O.Ms. No. 115 dated 30.7.1991. As the respondents did not take any action on their representations, petitioner herein and others filed O.A. and the Tribunal dismissed the said O.A holding that they have not made out any case. Aggrieved by the same, the present Writ Petition is filed. Sri T.S. Venkata Ramana, learned counsel appearing for the petitioner contended that the respondents are not considering the claim of the petitioner and the concerned District Selection Committees have filled up the quota meant for physically handicapped in 21 districts except in Kurnool and Kadapa Districts. Therefore, the petitioner and others made a representation to the respondent authorities and the same is still pending. Hence, the action of the respondents in not considering the representation is arbitrary and illegal. He also contended that in other 21 districts the candidates were appointed inspite of the fact that Civil Appeal is pending before the Supreme Court, subject to the outcome of the result in the Civil Appeal, therefore, the same treatment can as well be extended to the petitioner herein. He relied on the judgment dated 4.8.2006 of this Court rendered in W.P.No. 25048 of 2005. On the other hand, the learned Government Pleader for Services I submits that the petitioner was sent for medical examination and the duly constituted medical Board examined the petitioner and came to the conclusion that the percentage of deformity is below 50% and therefore, he is not entitled for the benefit of job reservation as per G.O.Ms.No. 56 dated 2.12.2003 as the petitioner falls under Category-II and the candidates, whose disability is 75% and above are alone entitled for job reservation. Therefore the Tribunal rightly dismissed the O.A and there are no grounds to interfere with the order passed by the Tribunal. Heard the learned counsel appearing for both sides and also perused the material made available on record. As seen from the record, the petitioner responded to the notification issued by the second respondent-Director of School Education calling applications for the post of School Assistants, Language Pandits, Secondary Grade Teachers, Physically Education Teachers etc., for recruitment in Government Schools, ZP Schools and Mandal Parishad Schools and appeared for the post of School Assistant and SGT and secured 54 marks and 68.50 marks respectively. As per the G.O.Ms.No. 56 dated 2.12.2003 the Government made a provision to the hearing impaired candidates. The relevant portion reads as under: “Category I: No special benefits Category II: Considered for Hearing Aids at free or concessional costs only. Category III: Hearing Aids free of costs or at concessional rates. Job reservation benefits of Special Employment Exchange. Category IV : Hearing Aids, facilities of reservation, special employment exchange. Special facilities in Schools like scholarship. Hearing aids, exemption from 3 language formula (to study in recommended single language)” Category Disability Percentage Benefits I Mild Less than 40% No Special benefits II Moderate 40% and above Hearing aid at free of cost or Concessional rates Persons physically Belonging handicapped I & II category Category do not come under III Severe 7 5 and above Hearing aid at free of cost or concessional rates. Job reservation Benefits of Special Employment Exchange. Scholarships. Single language formula IV Profound 100% H e a r i n g Aids, Facilities of reservation, Special Employment Exchange, Special facilities in Schools like scholarship, hearing aids, Exemption from 3 language formula. In view of the above, the candidates whose disability is 75% and above are only eligible for job reservation and the petitioner herein has moderate disability i.e., 40% and above and not severe or profound therefore, he falls under II category viz., “Moderate” and the benefits derived will be “Hearing aid at free of cost or concessional rates”. As far as the reliance placed on the judgment of this Court rendered in W.P.No. 25048 of 2005 dated 4.8.20-06 is concerned, the Government filed Special Leave Appeal (Civil) CC No. 868 of 2007 before the Hon’ble Supreme Court of India and it granted leave to appeal and stayed the operation of the judgment. Therefore, the petitioner is not entitled for any benefit of the said judgment. Therefore, the Tribunal rightly dismissed the O.A and the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ________________________ GHULAM MOHAMMED, J _____________________ K.G. SHANKAR, J DATE: 14.07.2011 KA ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies.