Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
Taken up Writ Petition No.6223 of 2006
D.D. 27.4.2006
Hon’ble Mr. Justice J.Chelameswar &
Hon’ble Mr. Justice M.Venkateswara Reddy
Magapu Ravi Kiran & Ors. ... Petitioners
And:
The A.P.P.S.C. & Ors. ... Respondents
Reservation under PH category:
Implementation of the Persons with Disabilities (Equal opportunities, protection of rights and full
participation) Act, 1995
Recruitment (Direct) – Group-I Services Advertisement No.21/2003 – Writ petition was taken up
by the Hon’ble High Court on the basis of representation made to Hon’ble Chief Justice by certain
disable persons on 27.3.2006 - Hon’ble High Court, while appreciating, the difficulty in employing
either orthopedic or visually disabled in Police & Fire services, expressed the views that they do not
perceive any difficulty in extending the benefit to Hearing Impaired - In the circumstances declared
that the State is bound to provide reservation in accordance with the terms of Disabilities Act - Even
while recruiting personnel to Fire & Police Services for the eligible candidates from hearing handicapped
– The writ petition was disposed accordingly.
Held:
While appreciating the difficulty in employing either orthopedic or visually disabled in Police and
Fire Services, the Court does not perceive any difficulty in extending the benefit to hearing impaired.
(Per Hon’ble Sri. Justice J.Chelameswar)
ORDER
This writ petition is taken up by this Court on the basis of the representation received by the
Hon’ble the Chief Justice on 27-03-2006.
Andhra Pradesh PSC
The complaint in the representation is that in the ongoing recruitment process to Group-I Services
undertaken by the State, no provision is made for reserving posts in favour the “persons with disabilities”,
which is mandatory requirement under an Act of Parliament titled “Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995” (for short ‘the Act’).
The last direct recruitment to Group-I posts in the State of Andhra Pradesh took place sometime
in the year 1998 i.e., approximately two years after coming into force of the above mentioned Act.
The complaint is, even at that time of time the letter of the law was not given effect to by the State.