D. SUDHAKAR Vs. STATE OF A.P. & ORS.
LAWS(SC)-2016-3-44
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on March 28,2016

D. Sudhakar Appellant
VERSUS
State of A.P. and Ors. Respondents

JUDGEMENT

- (1.) The petitioner was directly recruited in the Group-I services as a Regional Transport Officer in 1990 and has been working as Joint Transport Commissioner since 2008. The petitioner belongs to the Scheduled Caste community and is physically handicapped (Ortho).
(2.) The petitioner says that he has been unfairly treated for selection to the Indian Administrative Service (for short 'the IAS') and that he is entitled to the benefit of the quota for physically handicapped persons under S.C. category for selection under the Indian Administrative Service (Appointment by Selection) Regulations, 1997. For this, the petitioner places reliance on the decision of this Court in Union of India v. National Federation of the Blind, 2013 10 SCC 772 and Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
(3.) The background facts of the case indicate that the State of Andhra Pradesh had short listed the petitioner in 2002 for consideration for appointment to the IAS against Non State Civil Services Officers quota. The petitioner was interviewed but not selected. Even thereafter, the petitioner was considered for appointment but was not short listed or selected. The petitioner says that in spite of the reservation for persons with disabilities as provided under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short 'the PWD Act') which provides for 3% reservation for persons with disabilities in every establishment of the appropriate Government, the petitioner was not selected in the IAS.;


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