THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.No.1776 of 2011 ORDER(Per Sri Justice Ghulam Mohammed, J) This writ petition is filed by the petitioner seeking a writ of mandamus to declare the action of the first respondent in not appointing the petitioner as Secondary Grade Teacher (Telugu) against the vacancies reserved for Physically Handicapped category, as illegal and arbitrary. 2. The petitioner states that in pursuance of the notification issued by the second respondent for appointment to the post of Secondary Grade Teachers, she applied for the same against the vacancies reserved for Physically Handicapped category and was qualified in written examination held in the year 2009. Thereafter, vide proceedings, dated 08.11.2010, the first respondent informed her that she was provisionally selected to the post of Secondary Grade Teacher in DSC-2008 and requested to attend the office on 23.11.2010 with all original certificates for verification and issuing appointment orders. She states that though she appeared before the first respondent on 23.11.2010 and submitted all original certificates, no appointment order is issued to her. Hence, she filed O.A.No.330 of 2011 before the Tribunal, which in turn gave an interim direction to the first respondent to refer the petitioner for determination of the percentage of disability in the category of hearing impaired to the State Medical Board, E.N.T.Hospital, Koti, within a period of one week from the date of receipt of the said order and on such reference, the State Medical Board, E.N.T.Hospital, Koti, shall examine and submit a report, within a period of one week thereafter. Challenging the same, she filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I. 4. Learned counsel for the petitioner vehemently contended that though the petitioner produced the certificate issued by the District Medical Board, Krishna District, the Tribunal directed the first respondent to refer the matter to the State Medical Board, which is illegal and arbitrary. He further contended that in similar case, in O.A.No.340 of 2011, the Tribunal directed the authorities concerned to consider the case of the petitioner therein for giving appointment based on the certificate issued by the District Medical Board. 5. The Supreme Court in L. CHANDRA KUMAR vs. UNION OF INDIA1, inter alia held that in the first instance, the Tribunal shall adjudicate the matter and decide the rights of the parties on merits. After hearing the parties, the Tribunal passed the interim order referring the petitioner to the State Medical Board for determination of the percentage of disability in the category of hearing impaired. Therefore, as per the judgment of the Apex Court in 1 supra, it is the domain or purview of the Tribunal to decide the case on merits at the first instance. Further, the direction issued by the Tribunal is only interim in nature and it has not taken any decision on merits. Hence, we do not find any infirmity in the order impugned warranting interference by this Court. Accordingly, the Writ Petition is dismissed. No order as to costs. _______________________ GHULAM MOHAMMED, J _______________ K.G.SHANKAR, J Date:01.02.2011 sj 1 AIR 1997 SC 1125