D. SUDHAKAR versus STATE OF A.P. & ORS.

D. SUDHAKAR versus STATE OF A.P. & ORS.

Since the present petition raises questions regarding interpretation of Section 33 of the Persons with Disabilities Act, 1995, the Appointment by Selection Regulations, 1997, the Recruitment Rules, 1954, and the Office Memoranda, and these are interlinked with pending civil appeals, leave is granted and the appeal is tagged for comprehensive adjudication.

Parties
Petitioner: D. Sudhakar; Respondents: State of Andhra Pradesh & Ors.
Jurisdiction
India
Judgment Date
28 March 2016
Procedural Posture
Special Leave to Appeal (civil) / Leave Granted and Appeal Tagged With Pending Civil Appeals
Outcome
Appeal allowed (leave granted, appeal tagged for detailed hearing)
Legal Topics
Indian Administrative Service Appointment, Reservation for Disabled Persons, Interpretation of Persons With Disabilities Act, Interpretation of Service Regulations
Service Law Disability Law Indian Administrative Service Appointment Reservation for Disabled Persons Interpretation of Persons With Disabilities Act Interpretation of Service Regulations

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Parties

D. Sudhakar

Petitioner

State of Andhra Pradesh & Ors.

Respondents

Procedural Posture

Special Leave to Appeal (civil) / Leave Granted and Appeal Tagged With Pending Civil Appeals

Legal Issues

  1. 1 Whether reservation for persons with disabilities applies to selection from Non State Civil Services Officers to IAS under Regulations, 1997 and Rules, 1954
  2. 2 Interpretation of Section 33 of Persons with Disabilities Act, 1995
  3. 3 Effect of Office Memorandum dated 29.12.2005 and OM dated 3.12.2013

Ratio Decidendi

Since the present petition raises questions regarding interpretation of Section 33 of the Persons with Disabilities Act, 1995, the Appointment by Selection Regulations, 1997, the Recruitment Rules, 1954, and the Office Memoranda, and these are interlinked with pending civil appeals, leave is granted and the appeal is tagged for comprehensive adjudication.

Court Disposition

Appeal allowed (leave granted, appeal tagged for detailed hearing)

Orders

  • Leave granted.
  • Appeal tagged with C.A. No. 7295 of 2012 and C.A. No. 11895 of 2014 for comprehensive hearing.