Teacher To Undergo Fresh Disability Test

Hyderabad: A two-judge panel of the Telangana High Court directed a fresh medical examination of a postgraduate teacher appointed under the Persons with Disabilities (PWD) quota, after noting serious inconsistencies in the disability certificates produced in her case.

The panel comprising Justice P. Sam Koshy and Justice Narsing Rao Nandikonda was dealing with a writ appeal filed by the Telangana Residential Educational Institutions Recruitment Board (TREIRB), challenging an order of a single judge who set aside the cancellation of the petitioner’s appointment.

The dispute concerns the appointment of V. Sriujana, selected as a postgraduate teacher (Biological Science) under the PwD (hearing impairment) category pursuant to a recruitment notification issued by TREIRB. It was pointed out that while she was initially issued a disability certificate in 2015 assessing her hearing impairment at 54 per cent, a medical examination conducted during the recruitment process in May 2024 assessed her disability at 29 per cent, which fell below the 40 per cent threshold prescribed under the notification. On this basis, her appointment was cancelled on August 21, 2024.

The writ petitioner contended that she was validly selected under the PwD quota based on a disability certificate and that the subsequent reduction in the percentage of disability was arbitrary and unjustified. She argued that hearing impairment was a permanent condition and that minor variations in assessment should not defeat her statutory entitlement.

Opposing the plea, TREIRB contended that the recruitment notification mandated a minimum 40 per cent disability at the stage of verification and appointment. It was argued that the medical assessment conducted during recruitment in May 2024, which reflected only 29 per cent disability, was decisive and binding and that selection under the PwD category was conditional.

Counsel contended that permitting the petitioner to continue despite falling below the prescribed threshold would amount to an illegal appointment and denial of opportunity to other eligible candidates.

TREIRB pointed out that a third medical certificate issued assessed the disability of petitioner at 41 per cent, resulting in three conflicting certificates showing 54, 29, and 41 per cent disability, thereby raising serious doubts about their reliability.

Taking note of the anomalies, the panel observed that the issue could not be resolved without an independent and authoritative medical assessment. The panel accordingly directed that the petitioner be re-examined by a fresh medical board at the Government ENT Hospital, Hyderabad, strictly in accordance with the disability assessment standards prescribed in the recruitment notification.

The state government assured the High Court that it would strictly follow the procedure for MLCs and MPs to give their options for elections to the Nirmal municipality. Justice N.V. Shravan Kumar was dealing with a writ petition filed by Kathi Narender, challenging action of the Nirmal district collector and the Telangana State Election Commission in proceeding with the municipal election by calling upon members of the Legislative Council and members of the Rajya Sabha to opt for participation.

The ex-officio members of corporations, namely members of the Legislative Council and members of the Rajya Sabha, get to indicate the municipality in which they choose to exercise their right to vote in the election of the chairman and vice-chairman. The petitioner contended that initiation of such an exercise by the collector was contrary to the law laid down by a division bench which had held that the process must emanate from the MLC or Rajya Sabha member concerned through a written and signed intimation, and that the collector had no authority to initiate or solicit such options.

It was contended that the division bench clearly held that any participation or voting contrary to these requirements would be void. When the court queried the effect of issuing notices if such members did not themselves submit any option, it was submitted for the petitioner that conducting elections in such a manner would inevitably lead to election petitions and further litigation. The state submitted that the authorities would strictly follow the procedure and the directions issued by the division bench. Taking note of the submissions and recording the assurance of the state, the court disposed of the writ petition.

Justice Nagesh Bheemapaka of the Telangana High Court upheld the termination of retail outlet of Sandeep Filling Station situated at Munagala village, Suryapet district, dismissing the writ petition of the owner.

The petitioner contended that he had filed a writ petition which was allowed, the authorities reiterated their earlier order without applying their mind to the objections raised by the writ petitioner.

The plea did not find favour with the court. In the present case, the petitioner contended that the discrepancy in the machinery was not at his behest and therefore it cannot be penalised. Per contra, Narender Naik, appearing for BPCL, pointed to the stage of manager of having changed the nozzle. BPCL pointed out that this fastened the licensee with vicarious liability. Agreeing with the corporation, Justice Nagesh Bheemapaka dismissed the writ petition.