IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 24472 of 2007 Between: P. Srinivasulu, S/o. P. Satyanarayana, R/o. 13-2-841, Srinivasa Nagar, Ananthpur,Ananthpur District ..... PETITIONER AND 1 The Commissioner and Director of Employment & Training, Government of A.P., BRK Bhavan, Tank Bund, Hyderabad. 2 The Regional Deputy Director,Employment&Training Department, Government of A.P., Tirupathi. 3 The Principal, Government I.T.I., Srisailam, Kurnool District. 4 V.V. Murali Krishna, S/o. Ramasubbaiah, O/o. The Principal, Government I.T.I., Srisailam, Kurnool District. .....RESPONDENTS 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 issue an appropriate Writ or Order or Direction more particularly one in the nature of Writ of Certiorari calling for the records with regard to and in connection with O.A.No.6491/2004 dated 03.04.2007 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same declaring the view taken by the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad, thus O.A.No.6491/2004 is made out any case filed by the petitioner as incorrect as is illegal and consequently direct the respondents to appoint the petitioner as A.T.O.(Electrician) in the place of 4th respondent with al l consequentialbenefits such as seniority w.e.f. 04.09.2003 arrears, pay, increments and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.ASWARTHA NARAYANA Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.24472 of 2007 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking Certiorari to call for the records relating to and connected with orders made in O.A.No.6491 of 2004 dated 3.4.2007 on the file of A.P. Administrative Tribunal, Hyderabad and quash the same as arbitrary and illegal. It seems, petitioner filed the above O.A. seeking to set aside the appointment of fourth respondent as Assistant Training Officer and further direct the respondents to appoint the petitioner in the place of fourth respondent. It was the case of the petitioner that in pursuance of the notification dated 10.3.2003 issued by second respondent inviting applications from eligible physically handicapped candidates, he applied to the post of Assistant Training Officer as he was suffering from 41% disability. The first respondent vide proceedings dated 4.9.2003 passed orders appointing fourth respondent as Assistant Training Officer (Electrician). The grievance of the petitioner was that though he was more qualified than the fourth respondent, his case was not considered and fourth respondent was preferred and appointed as Assistant Training Officer. The respondents filed counter in the said O.A. stating that the Regional Deputy Director (App), Tirupati had notified the vacancy of Assistant Training Officer reserved for deaf/Ortho and invited applications from eligible candidates. Petitioner, along with two other candidates applied for the same. The petitioner was sent for medical examination and the Superintendent of Medical Board issued certificate of hearing disability showing that petitioner acquired deafness as 20% only. As per orders issued in G.O.Ms.No.27 Women and Child Welfare (DW) Department dated 7.8.2000, since the minimum percentage of disability should be 40% of any kind of disability, the case of the petitioner was not considered. Likewise, the case of G.V.R.N.Prasad Rao was also not considered on the ground that he was a non-local candidate. Whereas, the case of fourth respondent who was Orthopaedically Handicapped and local candidate was considered as per the notification and he was given appointment order. The Tribunal after hearing both parties and taking into consideration the averments in the counter, dismissed the O.A. Hence this writ petition. The learned counsel for petitioner submits that the post which occupied by the fourth respondent shall be filled up by hearing Disabled candidate like the petitioner and petitioner was fully qualified and eligible for appointment to the post of Assistant Training Officer. Per contra, the learned Government Pleader supported the impugned order passed by the Tribunal and submitted that the impugned order does not call for any interference by this Court under Article 226 of the Constitution of India. Heard both sides. It may be noticed that as per the certificate issued by the Superintendent of Medical Board, petitioner has acquired 20% deafness and as per the orders of the Government in G.O.Ms.No.27 dated 7.8.2000, the minimum percentage of disability should be 40%, therefore petitioner’s case was not considered. Though the petitioner stated that he suffered 40% disability, he did not produce any evidence to that effect. Insofar as appointment of fourth respondent is concerned, the vacancy of Assistant Training Officer was reserved for deaf/Ortho and since hearing impaired candidate was not available, fourth respondent being Orthopaedically Handicapped and local candidate was given appointment. Under those circumstances, the Tribunal rightly dismissed the O.A. We are of the opinion that there are no infirmities in the impugned order passed by the Tribunal calling interference of this Court under Article 226 of the Constitution of India. The writ petition is devoid of merits and liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ____________________ GHULAM MOHAMMED, J _____________ C.V.RAMULU, J Date: 19.6.2008 DA THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.24472 of 2007 (Order of the Bench delivered by Hon’ble Sri Justice Ghulam Mohammed) 19.6.2008