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Judgment
The present Writ Petition is filed questioning the action of Respondents in rejecting the candidature of the Petitioner on the ground that he does not have benchmark disability for filling up the backlog vacancies approved vide Notification dated 05.03.2026, as illegal and arbitrary.
The percentage of disability of the Petitioner was declared to be 100% by the Medical Board at Government General Hospital, Machilipatnam vide Disability Certificate dated 19.06.2020. On the strength of said Disability Certificate, the Petitioner applied for the post of P.H. Worker under the Notification dated 05.03.2026. Upon receipt of the application, the Petitioner was ranked at Sl.No.1 and was referred to the Medical Board on 06.08.2026, wherein his disability was assessed at 30%. Now, the Petitioner disputes the correctness of the same in the light of the Disability Certificate issued earlier on 19.06.2020. Hence, the present Writ Petition is filed.
Learned Assistant Government Pleader for Services-I appearing for the Respondents on instructions submits that an appeal is provided in G.O.Ms.No.36, Department for Women, Children, Differently Abled & Senior Citizens (Prog.II), dated 23.08.2023 to question the Medical Certificate.
Heard the counsels.
G.O.Ms.No.36, dated 23.08.2023 provides for appeal against the decision of the certifying authority within a period of 90 days. In the light of the same, the Writ Petition is disposed of, with the following directions;
The Petitioner shall file appeal before the Government Regional Eye Hospital, Visakhapatnam within a period of two (2) weeks from today;
ii) Upon receipt of the appeal, the Appellate Medical Authority shall decide the appeal within a period of one (1) month;
iii) Further, the appointment made to the post for which the Petitioner is aspiring shall be subject to the outcome of the appeal;
iv) No order as to costs.
As a sequel, pending applications, if any, shall stand closed.