APHC010425312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 21924 OF 2024 Between: 1. B RANGA RAO, S/o Late B. Kuppa Rao, Age 35, occupation Armed Reserved Head Constable, Irugulam Village, Sathyavedu Mandal, Tirupati District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Principal Secretary Home Department, Secretariat Velagapudi Amaravathi Guntur district. 2. The Director General of Police, Mangalagiri, Guntur District. 3. The Deputy Inspector General of Police, Anathapuram. 4. The District Superintendent of Police, Tirupati, Tirupati District. ...Respondents 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 to issue a writ order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not providing alternative employment to the Petitioner as per Section 47 of The Mobile 9030608053. Email Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 is illegal arbitrary and violative to Section 47 of The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 and is also in violation of Articles 14,15 and 21 of the Constitution of India and consequently direct the respondents to provide alternative employment to the Petitioner in terms of Section 47 of The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 pass IA NO: 1 OF 2024 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 direct respondents to provide temporary alternative employment to the petitioner pending disposal of Writ Petition and such other order or orders may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and to pass IA NO: 1 OF 2025 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 grant leave for filing of the Counter Affidavit in W.P.No.21924 of 2024 and pass Counsel for the Petitioner: S DILIP JAYA RAM Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI ORDER: The Writ Petition is filed for the following relief: “…pleased to issue a writ order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in not providing alternative employment to the Petitioner as per Section 47 of The Mobile 9030608053. Email Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 is illegal arbitrary and violative to Section 47 of The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 and is also in violation of Articles 14,15 and 21 of the Constitution of India and consequently direct the respondents to provide alternative employment to the Petitioner in terms of Section 47 of The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 pass…” 2. Heard Sri S.Dilip Jaya Ram, learned counsel representing M/s Nimmagadda Vijaya Santi, learned counsel for the petitioner and Sri K.Varun Shyam, learned Assistant Government Pleader for Services-I appearing on behalf of respondents. 3. The case of the petitioner is that he was appointed as Armed Reserve Constable No.817 in Chittoor District on 04.11.2009. Owing to the separation of Chittoor District into Tirupati Urban Police District in the year 2011, the petitioner was promoted to the post of Armed Reserve Head Constable No.- 1507/TU on 20.01.2021. While performing his duties, he fell down and got admitted in Tirumala Ashwini Hospital. Upon diagnosing, he was told that he had been suffering with Hypertension, vertigo and a surgery was performed on him by SRM Hospital, Chennai. In view of the same, the petitioner herein suffered 63% disability. Pursuant to which, the petitioner filed a request for conversion of post into Ministerial Post as Junior Assistant under Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The said request of the petitioner was rejected vide orders 29.08.2024. Aggrieved by the same, the present Writ Petition is filed. 4. The case of the petitioner is that, he cannot perform his duties as A.R.HC-1507 and requested to consider his case for conversion to Ministerial Post as Junior Assistant, which was rejected. 5. The order of rejection reads as follows: “Attention of the Superintendent of Police, Tirupati District is invited to the reference 5th cited. It is informed that there is no provision in the rules for conversion of P.Cs as Jr. Assistants i.e., (Ministerial Service) as per the references 1st to 3rd cited. Certain instructions were also issued vide C.O. memo 4th cited in this regard (copies enclosed). In view of the above rule position, the request of Sri B.Ranga Rao, ARHC-1507, Tirupati District for conversion as Jr.Assistant on Medical Grounds is not considerable and hereby rejected.” 6. The respondent No.4 filed counter affidavit, stating that there is no Rule enabling them to convert the post of Head Constable to Ministerial Post of Junior Assistant. The relevant portion of the counter affidavit is hereby extracted: 11) It is respectfully submit that the Government Pleader for Home Siervices-1 of High Court of Andhra Pradesh has gone through the draft counter affidavit and advised to send the petitioner to Medical Board for medical examination on behalf of all respondents, if he is found unfit, then only proceed further in Writ Petition No. 21924 of 2024 filed by Sri B.Ranga Rao, ARHC 1507/TPT, District Armed Reserve, Tirupati. 12) It is respectfully submit that, the 2nd respondent the Director General of Police, AP, Mangalagiri to the Superintendent, Sri Venkateswara Ramnarayana Ruia, Government General Hospital, Tirupati with a request to examine the petitioner by the Medical Board and the opinion may please be sent to Chief Office, AP for assessment of his suitability for Police Service vide letter Rc.No.488/ME-2/2023, dt. 22.01.2025. 13) It is respectfully submit that, the Regional Medical Board was constituted on 14.02.2025 with a team of doctors at SVRR GG Hospital, Tirupati and examined the petitioner and the medical opinion report issued by the Chairman / Members of Regional Medical Board, which is convened to the Director General of Police, AP, Mangalagiri on 14.02.2025 as detailed below; "Diagnosis: Post operative Labyrinthectomy right side with profound hearing loss". Opinion: In view of the following, I am of the opinion that his request may be considered. 1. He is having profound deafness on right side because of Labyrinthectomy (Surgery) - Disability certificate enclosed. 2. He is having unsteadiness / giddiness on prolonged standing. 3. On left side symptoms Meniere's disease are present. 14) Further, it is to submit that as per the Regional Medical Board opinion dated: 14.02.2025 the petitioner is suffering from "Post operative Labyrinthectomy right side with profound hearing loss, in view of the above he is having profound deafness on right side because of Labyrinthectomy (Surgery), he is having unsteadiness / giddiness on prolonged standing and on left side symptoms Meniere's disease are present. 7. Learned counsel for the petitioner submits that though they have stated that there is no Rule for conversion in view of the Government Memo dated 23.03.2005, but, several cases were considered and several persons were given the benefit under Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. He further submits that though the said Memo was issued to prevent misuse of such conversions under the guise of medically unfit, whereas, in genuine case, the Government has considered and issued several G.Os which are as follows: G.O.Ms.No.90, Home (Services-III) Department, dated 18.04.2011, G.O.Ms.No.16, Home (Services-II) Department, dated 21.01.2013, G.O.Ms.No.07, Home (Services-III) Department, dated 30.01.2017, G.O.Ms.No.167, Home (Services-III) Department, dated 26.10.2017, G.O.Ms.No.168, Home (Services-III) Department, dated 26.10.2017, G.O.Ms.No.104, Home (Services-III) Department, dated 29.08.2019, G.O.Ms.No.36, Home (Services-III) Department, dated 08.01.2021. 8. From the above, learned counsel for the petitioner prays that the similar benefit may be extended to the Writ Petitioner herein and appropriate directions may be given to the respondent-Government for considering the case of the petitioner. 9. After considering the submissions advanced by the learned counsel on either side and upon perusal of the material available on record, this Court is of the considered view that the team of Doctors has expressed a specific opinion, after evaluating the petitioner's medical condition, that the petitioner is suffering from unsteadiness, hypertension, and vertigo, and that he has undergone a major ENT surgery, namely, Vestibular Labyrinthectomy of the right ear, and has recommended that the request of the petitioner may be considered. In the light of the said medical opinion, this Court is of the opinion that merely because no Rules have been framed, the benefit contemplated under Section 47 of The Persons with Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995, cannot be denied to a genuine case such as that of the petitioner. In fact, several special cases have already been considered. 10. Keeping the same in view, this Writ Petition is allowed by setting aside the rejection order dated 29.08.2024 vide Rc.No.488/ME.2/2023 of respondent No.2-Director General of Police, Andhra Pradesh, Mangalagiri. The respondents are directed to consider the case of the petitioner for conversion of his post from Armed Reserve Head Constable - 1507, Tirupati District to a suitable/Equivalent Ministerial Post in terms of Section 47 of The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995. There shall be no order as to costs. Consequently, miscellaneous petitions pending if any, shall stand closed. Interim orders granted earlier if any, also shall stand closed. ________________________________ JUSTICE BALAJI MEDAMALLI Dated: 28.07.2026 M K K 106 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI Writ Petition No. 21924 of 2024 Date: 28.07.2026 M K K