PERAMBADURU MURALI KRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These writ petitions may be disposed of by a common order since they are directed against the common order dated 1-8-2001 made in O.A.No. 7226 of 2000 and Batch (petitioners herein are the applicants in O.A.Nos. 6849 of 2000 and 7636 of 2000 respectively) by the Andhra Pradesh Administrative Tribunal at Hyderabad, where under the Tribunal did not grant any relief whatsoever to the petitioners herein.

(2.) The petitioners herein are the visually handicapped persons. They have applied for the post of Secondary Grade Teacher/ School Assistant in pursuance of DSC-2000 notification dated 3-7-2000 issued by the second respondent herein, which was published in the newspapers on 4-7-2000. The said notification is for recruitment of various categories of posts. There is no dispute whatsoever that 597 Secondary Grade Teacher posts were notified in respect of Cuddapah District, out of which 485 posts are in the Government/Zilla Parishad Schools and 112 posts are in Cuddapah and Proddatur Municipalities. It is not necessary to notice the further details and particulars mentioned in the notification. There is no dispute whatsoever that the authorities while issuing the notification inviting applications from the eligible candidates including the physically handicapped candidates followed the Andhra Pradesh State and Subordinate Service Rules as amended by G.O. (P) No. 65, General Administration (Ser.D) Department, dated 15-2-1997. Those rules were in vogue even at the time of selection of candidates in DSC-2000. The rules inter alia provide for three per cent reservation to the physically handicapped candidates. The said rules at the relevant time did not provide 1:1:1 reservation for visually handicapped, hearing handicapped and Orthopaedically handicapped candidates. The fact remains that the notification dated 3-7-2000, with which we are concerned for the present, admittedly did not provide for 1:1:1 reservation in favour of visually handicapped, hearing handicapped and orthopaedically handicapped candidates.

(3.) However, it appears that in respect of the very same recruitment in adjoining district of Kurnool, 1:1:1 reservations were provided. The Government vide G.O.Ms.No. 115, Women's Development, Child Welfare and Labour (WH.DESK) Department, dated 30-7-1991 provided reservation of posts in favour of the physically handicapped persons, in direct recruitment in the State and Subordinate Service and accordingly directed all the Heads of Departments to strictly implement the reservation in the ratio of 1:1:1 for the blind, deaf/dumb and Orthopaedically Handicapped persons. It is no doubt true that the said instructions are in the nature of guidelines and precisely for the said reason, it is mentioned in the very said G.O., that