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

Andhra Pradesh PSC
The present recruitment process commenced in the year 2003 and remained incomplete in view of
the pendency of litigation either before this Court or the Andhra Pradesh Administrative Tribunal. No
clear steps are taken by the State for giving effect to the provisions of the above mentioned Act.
In the circumstances, when the matter was taken up earlier on 28.3.2006 and subsequently on
21.4.2006, this Court passed orders calling upon the State to examine the issue and take a clear stand.
It is brought to the notice of this Court that various rules framed by the State in exercise of power
under Article 309 of the Constitution of Indian constituting various services and prescribing their
service conditions etc., excluded such opportunity in some of the departments and, therefore, when
the recruitment process commenced way back in the year 2003, the notification did not contain a
specific mention as to the availability of reservation in favour of the physically challenged persons
though Rule 22 of the A.P. State and Subordinate Service Rules prescribes that there should be
reservation in favour of physically handicapped persons in the matter of employment under the State.
In view of the fact that the Act is an enactment of the Parliament referable to the power under
Article 253 of the Constitution of India, pursuant to a treaty obligation incurred by the country at
Beijing in 1992, the decision taken by the State Government in exercise of power under Article 309 of
the Constitution of India to exclude the opportunity to the physically challenged persons in certain
categories of employment prior to the date of the commencement of the above mentioned Act stood
overruled by the mandate of the Parliament. Under Section 33 of the Act, not less than 3% of
available opportunities in employment in every “establishment” (a defined expression under the Act
under Section 2(k)) be made available to the “persons with disabilities” of various categories enumerated
in the sub section. However, the above mentioned enactment under Section 33 proviso recognizes
the need to exclude the operation of the Act in some of the areas of the employment under the State
and enables the State take a positive decision to make an exclusion, on an appropriate examination of
the issue. Further, Section 13 of the Act contemplates the constitution of a coordination Committee,
the composition of which is detailed thereunder providing for representation of the various interested
groups including the persons with disabilities. Section 13 of the Act reads as follows:
State Co-ordination Committee:- (1) Every State Government shall, by notification, constitute
a body to be known as the State Co-ordination Committee to exercise the powers conferred
on, and to perform the function assigned to it, under this Act.
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