NANDINI YOGENDRA KUMAR MAKWANA Vs. DEAN

JUDGEMENT

(1.) The Division Bench of this Court vide its order dated 7.3.2000 has directed to hear this petition on merits within an agreed period of 10 days from the date of order.

(2.) The petitioner is a person with disabilities (physical and orthopedical). Her permanent partial disability is assessed at 55%. She was examined by Dr. M.M.Prabhakar, Professor and Head of Department of Orthopaedic, in B.J.Medical College, Ahmedabad. The petitioner has obtained the degree of M.B.B.S. and rendering her services as a tutor in Radiology Department since April, 1998. She was selected and appointed by the Commissionerate of Health and Medical Services and Medical Education (Medical Division) on purely and temporarily ad hoc basis for six months or the post is filled in on regular basis or till further orders, whichever is earlier. The petitioner was also given admission in the Post Graduate Diploma course in Radiology subject on 19th January, 2000. The persons with disabilities have been given not less than 3% protection under the said Act. The respondents are under a statutory obligation to provide reservation with backlog from the date of the enforcement of the Act to the persons with disabilities. The respondents had issued an advertisement inviting applications for admission in the Post Graduate degree course in various subjects including Radiology subject. Though the respondents have given reservation to the candidates belonging to SC/ST and SEBC candidates, but no reservation has been provided for the persons with disabilities. Since 1981, only one post of Post Graduate course in Radiology was given in B.J.Medical college, Ahmedabad for Surat candidates in the Radiology subject. Lateron one post of Post Gradudation in the Radiology subject was opened at Government Medical College, Surat from January 2000. In January, 2000, the respondents have provided reservation to the candidates belonging to SC/ST and SEBC in the aforesaid course. On inquiry, the petitioner was informed that considering the admissions given earlier on roster point was reaching at point no. 34. The petitioner was also informed that the Post Gradudate course in Radiology subject, Roster operates since 1981. The petitioner would not be entitled for being promoted as Assistant Professor unless the respondets provide reservation to persons with disabilities. If the petitioner is not permitted for the Post Gradudate course degree in Radiology, she would not be entitled for the higher education. The petitioner submitted her application within the prescribed time limit and the interviews for the posts were scheduled to be held on 23rd February, 2000. According to the advertisement, a provision has been made for the admission in degree course and the tutors working in the Government Medical College in any department were also given an opportunity to apply to South Gujarat University, Surat directly with required NOC. The persons with disabilities had not been given any admission in the subject Radiology since 1993 to 2000 and the respondents have not provided reservation to any candidate with disabilities for admission in the post for Gradudate Degree course in all the subjects including Radiology. Hence, for her admission on the basis of reservation as well as backlog, she applied for the admission in the subject Radiology and has prayed for a direction by this petition to the respondents to give reservation with backlog to the petitioner in Radiology subject.

(3.) Affidavits have already been exchanged. The contention of the learned counsel for the petiioner is that since the above-said Act has already been passed to provide reservation to the persons with disabilities, but no reservation has been given to the persons with disabilities.