APHC010313132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16092/2023 Between: 1. NAGULARAPU KEJIYA, D/O NAGULARAPU. JOHN, AGED.32 YEARS OCC. UNEMPLOYE D.NO.7/42, SALADI MALAPALLI (V), GALIVEEDU Y.S.R.DISTRICT ...PETITIONER AND 1. THE STATE OF ADHRA PRADESH, REP.BY ITS PRINCIPAL SECRATARY, BC WELFARE DEPT, SECRATARIATE BUILDINGS VELAGAPUDI GUNTUR DIST. 2. THE DISTRICT COLLECTOR B C W, Y.S.R. KADAPA DISTRICT 3. THE DISTRICT B C WELFARE AND EMPOWERMENT OFFICER, YSR DISTRICT 4. ASSISTANT DIRECTOR, WELFARE OF DIFFERENTY ABLED TRANSGENDER AND SENIOR CITIZENTS, YSR DISTRICT, NEW COLLECTORATE, D BLOCK, KADAPA. 5. THE CHAIRMAN APPELLATE MEDICAL BOARD AND SUPERINTENDENT, 'GOVT. ENT HOSPITAL, VISHAKAPATNAM. 6. SUPERINTENDENT, , RAJIV GANDHI INSTITUTE OF MEDICAL SCIENCE, KADAPA. ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings Rc.No. 484/AUDIOLOGY/GENTH/VSP/2023 dated 02.06.2023 issued by the 5th respondent is as illegal, arbitrary contrary to law and violation of provisions of Article 14, 16 and 21 of Constitution of India and further direct the respondents refer the case of the petitioner regarding percentage of disability for Medical examination to any other Government ENT Hospitals within the state of Andhra Pradesh or to any premier institutions with center of excellence for hearing assessment like, All India Institute of Speech and Hearing, Mysore, Karnataka by considering the judgment of this Honourable court in W.P.No. 21251/2019 dated 3.1.2020 and pass such IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to order stay of further process regarding filling . up the post of Hostel Welfare Officer and pass such Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2. GP FOR SERVICES II The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.16092 of 2023 ORDER : The writ petition is filed declaring the impugned proceedings dated 02.06.2023 issued by the 5th Respondent as illegal and arbitrary and consequently direct the Respondents to refer the case of the Petitioner to any other Government ENT Hospital within the State of Andhra Pradesh. 2. Respondent No.1 had issued a notification on 12.10.2021 for recruitment of various posts. As per the notification, two posts of Code No.04 i.e. Hostel Welfare Officer Grade-II (Women) in A.P.B.C. Welfare Sub Service were notified, one post each in Visakhapatnam and YSR Kadapa Districts. The Petitioner, hailing from YSR Kadapa District and having hearing impairment, applied for the post of Hostel Welfare Officer Grade-II (Women) and qualified in the examination conducted by the A.P.P.S.C. 3. In the certificate verification, the Petitioner relied on a certificate issued by the Rajiv Gandhi Institute of Medical Science, Kadapa dated 12.07.2017 specifying the disability of the Petitioner at 72%. The Petitioner was then referred to Government ENT Hospital, 4 Visakhapatnam the disability of the Petitioner was quantified at 27.5%, which reads as under: Sl.No. Name of the Candidate Sensorinueral Hearing loss in db(decibels) Percentage of disability RTdB LTdB 1. Nagularapu Kejiya 40dBHL 60dBHL 27.5%(Twenty Seven point five Percentage) As per BERA 3. As there is huge variation in the certificates issued by medical Board at Kadapa and Appellate Medical Board, Visakhapatnam, Petitioner filed a representation for re-verification before the concerned Board once again. As there is no response, Petitioner filed W.P.No.12880 of 2023 before this Court seeking to consider her representation dated 05.05.2023. Pursuant to the orders of this Court in W.P.No.12880 of 2023 dated 11.05.2023, the disability of the Petitioner was re-verified by the Government ENT Hospital, Visakhapatnam which issued report dated 02.06.2023 specifying the disability of the Petitioner at 25%, which is as under: Sl.No. Name of the Candidate Sensorinueral Hearing loss in db(decibels) Percentage of disability RTdB LTdB 1. Nagularapu Kejiya 40dBHL 60dBHL 25%(Twenty Five Percentage only) As per BERA 5 4. The Petitioner, not satisfied with the medical reports given by the Government ENT Hospital, Visakhapatnam, had approached All India Institute of Speech and Hearing, Mysore working under Ministry of Health and Family Welfare, Government of India and as per the medical opinion furnished by the said Hospital dated 03.08.2023, the disability of the Petitioner assessed at 77.62%. The relevant portion of the opinion of the Institute is extracted below: 5. Onset of deafness : Acquired 6. Levels of Hearing Loss(In decibels) : a. Right Ear: 82 dB b. Left Ear : 82 dB 7. Percentage of hearing loss : a. Right Ear : 77.62% b. Left Ear: 77.62% 8. The candidate is hearing handicapped : Yes 5. The medical opinion regarding percentage of hearing disability of the Petitioner by Rajiv Gandhi Institute of Medical Science, Kadapa was assessed at 72%, while the disability as per the Government ENT Hospital, Visakhapatnam are assessed at 27.5% and 25% respectively. The disability of the Petitioner by All India Institute of Speech and Hearing, Mysore was assessed at 77.62%. 6. The All India Institute of Speech and Hearing, Mysore is working under Ministry of Health and Family Welfare, Government of India and is said to be a renowned institute specifically dealing with 6 issues of speech and hearing and certificate quantifying disability by institute of such repute cannot be discarded by the Respondents. 7. In the facts of this case, it would be appropriate for the Respondent-authority to examine the report of disability of the Petitioner from All Indian Institute of Speech and Hearing, Mysore and take a decision regarding employment of the Petitioner on the disability certificate issued with reference to the Petitioner by the said institute. 7. In the event the Respondent-Authority still entertain doubts regarding the extent of disability of the Petitioner, this Court is of the opinion that the Respondent authority shall take a fresh opinion from either All India Institute of Speech and Hearing, Mysore or from All India Institute of Medical Sciences, Mangalagiri at the cost of the Petitioner and take an appropriate decision on the basis of the medical opinion so furnished with regard to the appointment of the Petitioner as Hostel Welfare Officer Grade-II (Women). This exercise shall be completed within a period of six (6) months from the date of receipt of a copy of this order. 8. With the above direction, the writ petition is disposed of. No order as to costs. 7 As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 14.11.2025 KLP