APHC010234702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12448/2026 Between: 1. C B KARTHIKESH, S/O C.N.BALA SUBRAMANYAM AGE.36 YEARS, OCC. UNEMPLOYEE R/O H.NO.7-91, SANNIDHI STREET NARAYANAVANAM TOWN, THIRUPATHI DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, MEDICAL AND FAMILY WELFARE (A) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTURDISTRICT - 522237. 2. THE CHAIRMAN, DISTRICT SELECTION COMMITTEE/ DISTRICT COLLECTOR, CHITTOOR DIST., AT CHITTOOR. 3. THE REGIONAL DIRECTOR, MEDICAL AND HEALTH SERVICE DEPARTMENT, GUNTUR TOWN, GUNTUR DIST., 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, NARAYANAVANAM MANDAL, TIRUPATHI DIST. ...RESPONDENT(S): 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 topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring impugned certificate for person with 2 disability dt.01-03-2025 issued by the 3rd Respondents in reducing the petitioner's disability from 89percent to 49percent without conducting any proper medical reassessment as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Rights of Persons with Disabilities Act, 2016 and Consequently, set aside the impugned certificate dt.01-03-2025 and further direct the respondents to treat the certificate issued by the Medical Board, Government Hospital, Chittoor dt.30-7-2010 declaring the percentage of disability is 89percent and pass IA NO: 1 OF 2026 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 pleased to direct the 2nd respondent to reserve one post pursuant to the Special Recruitment notification vide Collector's Ref.Rc.No.A/SRD/CTR/2026 dt:31-3-2026, pending disposal of the Writ Petition in the interest of justice. IA NO: 2 OF 2026 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 permit the petitioner to implead The District Medical and Health Officer, Chittoor Dist. at Chittoor, and the District Medical and Health Officer, Tirupathi Dist at Tirupathi as Respondent NO.5 and 6 in W.P.12448/2026 and pass Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.12488 OF 2026 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring impugned certificate for person with disability dt.01.03.2025 issued by the 3rd Respondents in reducing the petitioner’s disability from 89 % to 49% without conducting any proper medical reassessment as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and contrary to the provisions of the Rights of Persons with Disabilities Act, 2016 and Consequently set aside the impugned certificate dt.01.03.2025 and further direct the respondents to treat the certificate issued by the Medical Board Government Hospital Chittoor, dt.30.07.2010 declaring the percentage of disability is 89% and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is a benchmark disabled person, who was assessed by a competent District Medical Board, Chittoor in the year 2001 and was issued a permanent disability certificate confirming at the rate of 75% disability (Cerebral Palsy- Spastic Type). He further submits that in the year 2010 i.e., on 30.07.2010 the petitioner again underwent scrutiny and he was issued another certificate by the District Medical Board at Government Hospital, Chittoor indicating that the permanent disability is at the rate of 89%. For which, the Government of India 4 issued unique disability card with life time validity indicating percentage of disability (locomotor disability) as 89%. Later the petitioner herein submitted a representation seeking for monetary benefits under a scheme specifically formulated by the State Government in the year 2024 for the physically challenged persons and enhanced pension for the persons who were issued permanent disability certificate. Pursuant to which, the petitioner again underwent for assessment by the competent authority i.e., District Medical Board at Guntur Government Hospital and a fresh permanent disability certificate was issued in favour of the petitioner assessing the rate of disability is at 49% only reducing the rate of disability drastically without there being any major physical changes. 4. Learned counsel for the petitioner further submits that the subject assessment and the rate of permanent disability is contrary to the earlier two certificates issued by the very same District Medical Board, without informing factors to arrive such conclusion to the petitioner for change of the certificate and also reversing the rate of permanent disability in respect of the petitioner is contrary to the settled legal principles of law. 5. While things stood thus, the respondent No.2 herein issued notification on 31.03.2026 for conducting special recruitment drive for filling up of combined backlog vacancies earmarked for the differently abled persons under the purview of DSC and other than DSC- 2025-26. Pursuant to which, the petitioner is also one of the eligible applicants to make an application and 5 go through the selection process. But in view of the reduction of rate of permanent disability in respect of the petitioner, the petitioner may suffer irreparable loss and hardship. Aggrieved by the same, the petitioner herein preferred the present writ petition. 6. On the other hand, learned Government Pleader for the respondents submits that since the District Medical Board, Chittoor issued all the three permanent disability certificates in favour of the petitioner with three different assessments and awarded different disability rates as 75%, 89% and 49% respectively. In view of the same, learned Government Pleader for the respondents submits that it is better for the petitioner to have a conclusive proof and final assessment by the Apex Body of the State. He further submits that it is always better to get a certificate from the Apex Board i.e., Andhra Pradesh State Medical Board for final assessment situated at Visakhapatnam or Vijayawada Government General Hospitals. 7. Heard the learned counsel for both the parties and on perusal of the material placed on record. The fact remains that the petitioner herein is assessed as permanently disabled person as per the provisions of the Rights of Persons with Disabilities Act, 2016. It is an admitted fact that the petitioner was timely assessed to measure the permanent disability rate in three different occasions to cater the different necessities as narrated in his affidavit. Wherein, the rate of permanent disability of the petitioner was assessed at different rates in three occasions as mentioned above. As contended by the 6 learned counsel for the petitioner, even though the subject recruitment notification was issued by the respondent No.2 and the petitioner is eligible to participate for selection but due to lack of clarity in respect of assessment of permanent disability rate of the petitioner, the petitioner may suffer from selection is valid and merit submission, for the reason since the certificates in row indicating different assessments. As contended by the learned Government Pleader in view of the differences in assessments regarding rate of permanent disability by the District Board it is better for re-assessment of permanent disability of the petitioner by the State Board is valid and to be considered to have a conclusiveness to decide the rate of permanent disability of the petitioner. 8. In view of the reasons as explained above, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner herein to submit a representation ventilating his grievance to respondent Nos. 5 and 6 herein within a period of one week from today. After such submission, the respondent Nos. 5 and 6 shall forward the same to the Andhra Pradesh State Medical Board/ Apex Body of the State for re- assessment and for issuance of permanent disability certificate within a period of two (02) weeks, thereafter. Further, the petitioner is also directed whenever the Andhra Pradesh State Board either issued notice or called for his presence for the assessment, the petitioner shall adhere and co-operate for assessment without seeking any further time. However, the Andhra Pradesh 7 State Medical Board/ Apex Body is also directed to conduct re-assessment and issue disability certificate in accordance with law, at the earliest, within time bound which is in the main object, for the purpose of selection pursuant to the notification dated 31.03.2026. 9. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:06.05.2026 BSP 8 164 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12448/2026 Date:06.05.2026 BSP