DANUBHAI UNADBHAI MORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Respondents have appeared and therefore, no further notice of rule is required to be served. As common question of facts and law are involved in both the above referred writ petitions, they are taken up for hearing together and are disposed of by this common judgment and order.

(2.) In both the writ petitions, the prayers and the relief prayed for are verbatim the same and identical. For the sake of convenience, the reliefs as prayed for in both the petitions are as under:

(3.) Petitioners have challenged the legality, validity and propriety of the action of the respondents declining to give admission in Post Graduate Course (herein after referred to as 'P.G. Course') without assigning or informing any reasons in this regard on the premise that the petitioners are not entitled to admission under the rules governing the admission to Post Graduate Degree and Diploma Medical Courses Other Than M.Ch. & D.M. at the affiliated Medical Colleges / Institutions as the Loco-motor disability of lower limbs of both the petitioners have been assessed less than 50%. It appears from the pleadings that the petitioners completed their M.B.B.S. against the reserved quota of Physically Handicapped persons. It is their case that at the time of admission in M.B.B.S., the petitioners were medically checked up by the Medical Board, Civil Hospital, for the purpose of assessment of their disability and both the petitioners were assessed having disability of more than 50%. It is their case that after completing the M.B.B.S., both the petitioners decided to undertake P.G. Course and therefore, they appeared in P.G. Entrance Examination. Petitioner of Special Civil Application No.4764 of 2011 secured 220 marks out of 400 marks and was placed at Serial Number 587 on the combined merit list. So far as Physically Handicapped rank is concerned, he has been put at Serial Number 13. In the same manner, petitioner of Special Civil Application No.4765 of 2011 secured 234 marks out of 400 marks and was placed at Serial Number 459 on the combined merit list. So far as Physically Handicapped rank is concerned, he has been placed at Serial Number 12. It is their case that less meritorious students have been admitted in the P.G. Course and they have been left out as their physical disability has been assessed to less than 50%. It is their case that at the time when they were admitted in the first year of M.B.B.S., their physical disability was assessed more than 50% and therefore, while seeking admission in P.G. Course, the physical disability cannot be reduced. It is submitted that action on the part of the respondents in not admitting them to P.G. Course is ex-facie illegal, arbitrary and ultra vires.