High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate Writ' order' or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No 3 in not adjudicating the appeal dated' 15 03 2025 filed by the Petitioner aggrieved by the assessment report dated l6'12 2024 issued by the Respondent No. 2 vide l'D No. AR 160200 1241212OOO1 in accordance with the time limit prescribed in G.O.M.S. No. 5 dated' 13 06 '20218 issued by the Respondent No 1 and the same is also in Violation of Article 21 of constitution of lndia and consequently direct Respondent no.3 osmania Generar Hospitar Rep by its chairman,(The Appellate Authority under G.O M'S No 5 dated 13 06 201B) to adiudicate Petitioner's Appeal dated. 15.03.2025 filed aggrieved by the assessment report dated' 16 12'2024 issued by the Respondent No.2 vide l.D No. AR16020X12,:12120001 as expeditiously as pos;r;rble by giving an opportunity to the petitioner t;y fixing a date for presenting his r;a:;t: lA NO: 1 OF 2025 Petition urtd -.r Iir:ction 151 CPC praying that in the circurnsta nces stated in the affidavit filed in supcort of the petition, the High court may be pk,:ased to direct the Respondent nc ll r.o dispose of the appeal dated. 15.03 2o2ti filed by the Petitioner aggrie',red b ) the assessment report dahed. 16.12.2024 issued by the Respondent No. :l / cle l D No. AR1602oo12412120001 as ex1:reditiously as posslble by givin,3 a 1 cpportunity to the petitioner by fixing a date .,or presenting his case. Counsel for the fretitioner: SRI ABHINAV KRISHNA UppALURI Counsel for the Resp,ondent No.1: Gp FOR WOMEN DEV CHILD WELFARE Counsel for the Respc,ndent Nos.2 and 3: Gp FOR MEDICAL AND li.lEALTH The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.t775l OF 20/25 ORDER: With the consent of both the parties, this Writ petition is taken up for disposal at the admission stage itself.

2. This Writ Petition, under Article 226 of the Constitution of India, is liled seeking the following reliet '...fo issue an appropnate WiL order, or direction more patticularlg one in the nature of Wnt oJ Mandamus decloing te inaction of the Respondent No.3 in not adJudicattq the appeal dated: 15.03.2025 fted by the petitiofter dggieued bg the assessrnenf report ddted: 16_12_2024 issued bg the Respondent No.2 ukle LD N,.AR160200l241212OOOl n accordance with the time limit prescr{bed in G_O.M.S. No.S dated: 13.06-20218 issued by tfLe Respoadent No.1 and the same rs also in VioLation of Atlicte 21 oJ Constitutiott of Indi@ and con-sequeatlg d[rect Respoftdent no.3 Osmania General Hosptal Rep bA its Chainnan,(The Appellate AuthoitA uider G.O.M.S ffo 5 dated: 13.06.2018)to ddjudicate Petitioner's Apped dctted: 15.03.2025 filen aggneued. bg the o:;sessment repoi dated: 16.12.2024 issued bV tLre Respondent No 2 uide I.D No-AR 1602001241212OOO 1 as expedtttouslg as possible bg giuing an opportutritlJ to the PetitiorLer bA fixing a dote for presenting hrs co,se dnd prrss- -, "

3. Heard Sri Abhinav Krishna, learned counsel for the petitioner; learned Governlnent Pleader for Women Development arrd Child Welfare for respondent No. 1; and learned Government Pleader for Medical and Health for respondent Nos.2 and 3.

4. l,earned counsel for the petitioner submits that the petitioner applied for a disability certiflcate from respondent No.2, who inturn issued Assessment Report, dated 16.12.2024, uide I.D. I 1 r\ a o PK,J wp 1775t 2O2S No.A R 1(,0200 1.24 12 I2OOO l, v/herein the petitioncr .s application for disrrbiltt" certificate was rejected on the grouLnd .rrat he was not found to ooro rrnder the category of person with disabit ty in accordance witlr tlrc guidelines prescribed by the G<>ver:rne 1t of Indra uid.e notilrcati,rr No. 154, dated 01.O6.2 OOI /7a.Or).2O()2. .Aggrieved by the Assr:sr;rr e .rrt Report, dated 76.12.2024, the petit one - filed an appeal befo:e tl-Lr: Appellate Authority i.e., respondent No.3 o r 15.03.2025. It is furttr,:r ;ubmitted that as per G.O_Ms.No.li, d:ited 13.O6.201g, the appell:Lte iuthority shall decide the appeal u.iihin one month from the date o1 rr:rx:ipt of the said appear. However, no action has been taken by rt:s1;ordent No.3 so far Therefore, learned c<.ru nsel prays this (lrrect respondent No.3 to pass appropriatr orders on the Cour-. . appezLi, rlat,:d 15.O3_2025, hled by the petitioner n,irtrin a stipulated perioal of t.i nre. c

5. Lt:e r.r r,:d Government pleader for responrlent Nos .2 and 3 fairly submits ,.lat respondent No.3 will consider the rLppe:rl filed by the petition.r. rlrrted 15.03.2O25, and pass appropriate ord,rrs thereon. in accordan<rr r,,,ith law.

6. IlevL.'rg regard to the submissions made tv lt:arnt:cl counsel for the respr:c ti zr: parties and without going into t"re nte:_it s of the case, PK,J wD t775t 2025 this Writ Petition is disposed of directing respondent No.3 to decide the appeal, dated 15.03.2025, hled by the petitioner, strictly in accordance with law, after providing an opportunity of hearing, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order and communicate a copy thereof to the pelitioner. There shall be no order as to costs. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. //rRuE coPY" i35Ef^R+H'Fts?HXA ,ecrfShlvorrrcen To, lr*r#*"a,r..,l",t:g;t,ltrfrfiHffi#i.5,llt&*;.*""".* 3. Th6 Chairman, Osmanti r?ff *:{ti?},wli*lilie,'8fl ,fl fi "H::"'if't35'l|t%r'ihes'1a'ieor Hea'1h H sh cou* for'ihe S'1a'fe of : i$i[i6,-3ift:iiifr',[J+., TJ BS HIGH COURT' CC TODAY DATED:2510612025 ORDER WP.No.17751 of 2025 ?.' i!' !i. ir- ;) t ( Sil tuN 20'25 z )lr- DISPOSlNG TITIE WRIT PETITION WITHOUT COIS.TS 2 la-