VIJAYAWADA: The Andhra Pradesh High Court on Tuesday dismissed a petition filed by an aspirant of Assistant Motor Vehicle Inspector (AMVI) post challenging the government's decision not to give him the job on the grounds that he has a flat foot.
Agreeing with the government contention, the High Court said though flat foot cannot be considered as a disability, it would come in the way of discharging duties of an AMVI.
In 2018, the Andhra Pradesh Public Service Commission issued a notification for filling six backlog and 17 fresh vacancies of AMVIs in the transport department. N Nageswaraiah of Dhulapalli village in Kadapa secured 194.26 marks out of 300 in the examinations held in 2019.
He stood second in the merit list and underwent medical tests. Later, the APPSC released the list of 21 candidates, excluding Nageswaraiah's name.
Nageswaraiah was not selected as he was having flat foot on the right leg. Nageswaraiah challenged the notification issued by the APPSC and GOs issued prior to the release of the notification (in 2009 and 2016) related to the subordinate service rules, in 2020.
The petitioner maintained that the GOs violate the rules framed under the AP Transport Subordinate Service Rules and also Rights of Persons with Disabilities Act. Arguing on behalf of the petitioner, counsel K Venkateswara Rao said the Act does not include flat foot as a disability and the petitioner does not fall under the category of disabled.
Counsel on behalf of the transport department and APPSC NA Ramachandra Murthy informed the court that the petitioner cannot seek reservation under disabled category as flat foot is not included as a disability under the Disabilities Act.
He informed the court that the job of an AMVI involves moving from one place to another. The bench of Chief Justice Prashant Kumar Mishra and Justice M Satyanarayana observed that flat foot cannot be considered as a disability, the work of AMVI involves mandatorily driving a vehicle and also to move places. A person with flat feet faces difficulty in walking and running and this might create problems while discharging duties, it said.
'Government can exclude quota'
The bench of Chief Justice Prashant Kumar Mishra and Justice M Satyanarayana Murthy said the Disabilities Act clearly states that the government can exclude reservation for the disabled depending on the nature of work.